Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ Class A-1 % Asset Backed Notes (the “Class A-1 Notes”), $ Class A-2[-A] % Asset Backed Notes (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - (the “Trust”) pursuant to an Indenture, to be dated as of , 20 (the “Indenture”), between the Trust and [Trustee] (“[Trustee]”), a banking , as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of , 20 , as amended and restated as of , 20 (the “Trust Agreement”), between the Seller and [Owner Trustee], as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after , 20 (the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Agreement”).]
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Samples: Underwriting Agreement (AFS SenSub Corp.), Underwriting Agreement (AFS SenSub Corp.)
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $120,500,000 Class A-1 1.042% Asset Backed Notes (the “Class A-1 Notes”), $ $234,000,000 Class A-2[-A] A-2 2.19% Asset Backed Notes (the “Class A-2[-A] A-2 Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ $201,740,000 Class A-3 2.80% Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ $159,680,000 Class B 3.65% Asset Backed Notes (the “Class B Notes”), $ $148,560,000 Class C 3.85% Asset Backed Notes (the “Class C Notes”), $ $144,470,000 Class D 4.56% Asset Backed Notes (the “Class D Notes”; ), and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ $108,210,000 Class E 6.34% Asset Backed Notes (the “Class E Notes”; and ” and, together with the Publicly Offered Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class B Notes, the Class C Notes, and the Class D Notes, the “Notes”). The Seller proposes to sell to the Underwriters named in Schedule I hereto (the “Underwriters”) $114,475,000 Class A-1 Notes, $222,300,000 Class A-2 Notes, $191,653,000 Class A-3 Notes, $151,696,000 Class B Notes, $141,132,000 Class C Notes, and $137,246,000 Class D Notes (collectively, the “Offered Notes”). The Notes are to be issued by AmeriCredit Exeter Automobile Receivables Trust 20 - 2022-2 (the “Trust”) pursuant to an Indenture, to be dated as of March 27, 20 2022 (the “Indenture”), between among the Trust, Exeter Holdings Trust 2022-2 (the “Holding Trust”), and [Trustee] Citibank, N.A. (“[Trustee]Citibank”), a national banking association, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests Certificates in the Trust aggregate notional amount of $100,000 (the “CertificateCertificates”) (the Notes and the CertificateCertificates, together, the “Securities”) pursuant to a trust agreement, dated as of September 24, 20 2021, as amended and restated as of March 27, 20 2022 (the “Trust Agreement”), between the Seller and [Owner Trustee]Wilmington Trust Company (“WTC”), as owner trustee (the “Owner Trustee”). The assets of the Trust will include, among other things, a certificate (the “Holding Certificate”) representing the entire beneficial interest in the Holding Trust, the assets of which will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks trucks, minivans and vans sport utility vehicles (the “Receivables”) and certain monies due thereunder on or after March 27, 20 2022 (the “Cutoff Date”). [The Holding Certificate will be issued pursuant to an Amended and Restated Trust will enter into an interest rate swap agreement with [Hedge Provider] Agreement dated as of March 27, 2022 (the “Hedge CounterpartyHolding Trust Agreement”) on ), between the Closing Date (Trust, as defined below) to hedge seller, and the floating interest rate on the Class A-3 Notes Owner Trustee, as holding trustee (the “Hedge AgreementHolding Trustee”).]
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Samples: Underwriting Agreement (Exeter Automobile Receivables Trust 2022-2)
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $217,300,000 Class A-1 0.32259% Asset Backed Notes (the “Class A-1 Notes”), $ $302,600,000 Class A-2[-A] A-2 0.90% Asset Backed Notes (the “Class A-2[-A] A-2 Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ $153,419,000 Class A-3 1.61% Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B A-2 Notes], the “Class A Notes”), $ $73,077,000 Class B 2.33% Asset Backed Notes (the “Class B Notes”), $ 90,717,000 Class C 3.19% Asset Backed Notes (the “Class C Notes”), $ $89,205,000 Class D 4.00% Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ $23,682,000 Class E 5.48% Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - 2011-2 (the “Trust”) pursuant to an Indenture, to be dated as of April 4, 20 2011 (the “Indenture”), between the Trust and [Trustee] Xxxxx Fargo Bank, National Association (“[Trustee]Xxxxx Fargo”), a national banking association, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of March 22, 20 2011, as amended and restated as of April 4, 20 2011 (the “Trust Agreement”), between the Seller and [Owner Trustee]Wilmington Trust Company, as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after April 4, 20 2011 (the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Agreement”).]
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Samples: Underwriting Agreement (AmeriCredit Automobile Receivables Trust 2011-2)
Issuance and Sale of Notes. The Seller Sponsor has authorized the issuance and sale of $ Class A-1 % Asset Backed Notes (the “Class A-1 Notes”), $ Class A-2[-A] A-2 % Asset Backed Notes (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the [Class A-2[-A] Notes [and the Class A-2-B A-4 % Asset Backed Notes], the “Class A Notes”)[, $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), and $ Class D % Asset Backed Notes Notes] (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notescollectively, the “Notes”). The Notes are to be issued by AmeriCredit Prime Automobile Receivables Trust 20 - (the “Trust”) pursuant to an Indenture, to be dated as of , 20 (the “Indenture”), between the Trust and [Indenture Trustee] (“[Indenture Trustee]”), a banking [entity type], as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral AgentTrustee”). In addition to the Notes, the Trust will also issue [a $ Class E Notes (the “Class E Notes”) issued pursuant to the Indenture and] an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes Notes[, the Class E Notes] and the Certificate, togethercollectively, the “Securities”) pursuant to a trust agreementTrust Agreement, dated as of , 20 , as amended and restated as of , 20 (the “Trust Agreement”), between the Seller and [Owner Trustee], as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after , 20 (the “Cutoff Date”). [The Notes will have the benefit of a financial guaranty insurance policy (the “Note Insurance Policy”), issued by [Note Insurer], a insurance company (the “Note Insurer”).] [The Trust will enter into an interest rate swap agreement with [Hedge Swap Provider] (the “Hedge Swap Counterparty”) on , 20 (the “Closing Date (as defined belowDate”) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Swap Agreement”).] [In connection with the issuance of the Note Insurance Policy (i) the Companies, the Trust, Xxxxx Fargo, as trustee, trust collateral agent and backup servicer, the Sponsor, as Custodian and the Note Insurer will execute and deliver an Insurance Agreement dated as of , 20 (the “Insurance Agreement”), (ii) the Representative (as defined below) , the Sponsor and the Note Insurer will execute and deliver an Indemnification Agreement dated as of , 20 (the “Indemnification Agreement”) and (iii) the Trust, the Trustee and the Note Insurer will execute and deliver a Spread Account Agreement dated as of , 20 (the “Spread Account Agreement”).]
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Issuance and Sale of Notes. The Seller has authorized Issuer proposes to issue and sell $__________ (the issuance and sale "CLASS A INITIAL PRINCIPAL AMOUNT") of $ _____% Class A-1 % Asset A Asset-Backed Notes (the “"CLASS A NOTES");$_________ (the "CLASS B INITIAL PRINCIPAL AMOUNT") of ____% Class A-1 Notes”), $ Class A-2[-A] % Asset B Asset- Backed Notes (the “"CLASS B NOTES"); $_________ (the "CLASS C INITIAL PRINCIPAL AMOUNT") of ____% Class A-2[-A] Notes”), [$ Class A-2C Asset-B Floating Rate Asset Backed Notes (the “"CLASS C NOTES"); and $_________ (the "CLASS D INITIAL PRINCIPAL AMOUNT") of _____% Class A-2D Asset-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class "CLASS D % Asset Backed Notes (the “Class D Notes”NOTES"; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed "NOTES"). The Notes will be issued pursuant to an Indenture, dated as of ________________ (the “Class E Notes”; "INDENTURE"), between the Issuer and together with ___________, a national banking association (the Publicly Offered Notes, the “Notes”"TRUSTEE"). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - more fully described in the Prospectus Supplement (the “Trust”) pursuant to an Indenture, to be dated as of , 20 (the “Indenture”), between the Trust and [Trustee] (“[Trustee]”defined below), a banking , as indenture trustee (copy of which the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition Transferor is furnishing to the Notes, Underwriters. The Notes will evidence secured obligations of the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of , 20 , as amended and restated as of , 20 (the “Trust Agreement”), between the Seller and [Owner Trustee], as owner trustee (the “Owner Trustee”)Issuer. The assets of the Trust Issuer will initially include a pool of retail installment sale leases, loans and other contracts secured and security interests in the related underlying Equipment. The Notes will be sold by new or used automobiles, light duty trucks and vans the Issuer to the Underwriters listed on SCHEDULE A hereto (the “Receivables”"UNDERWRITERS") and certain monies due thereunder on or after in accordance with the terms of this agreement. The terms which follow, 20 (when used in this Agreement, shall have the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Agreement”).]meanings indicated:
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Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $72,000,000 Class A-1 3.718% Asset Backed Notes (the “Class A-1 Notes”), $ $127,530,000 Class A-2[-A] A-2 5.29% Asset Backed Notes (the “Class A-2[-A] A-2 Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ $89,230,000 Class A-3 5.43% Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ $89,070,000 Class B 5.97% Asset Backed Notes (the “Class B Notes”), $ $79,430,000 Class C 6.51% Asset Backed Notes (the “Class C Notes”), $ $78,460,000 Class D 7.40% Asset Backed Notes (the “Class D Notes”; ), and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ $63,990,000 Class E 10.45% Asset Backed Notes (the “Class E Notes”; and ” and, together with the Publicly Offered Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class B Notes, the Class C Notes, and the Class D Notes, the “Notes”). The Seller proposes to sell to the Underwriters named in Schedule I hereto (the “Underwriters”) $68,400,000 Class A-1 Notes, $121,153,000 Class A-2 Notes, $84,768,000 Class A-3 Notes, $84,616,000 Class B Notes, $75,458,000 Class C Notes, and $74,537,000 Class D Notes (collectively, the “Offered Notes”). The Notes are to be issued by AmeriCredit Exeter Automobile Receivables Trust 20 - 2022-5 (the “Trust”) pursuant to an Indenture, to be dated as of September 18, 20 2022 (the “Indenture”), between among the Trust, Exeter Holdings Trust 2022-5 (the “Holding Trust”), and [Trustee] Citibank, N.A. (“[Trustee]Citibank”), a national banking association, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests Certificates in the Trust aggregate notional amount of $100,000 (the “CertificateCertificates”) (the Notes and the CertificateCertificates, together, the “Securities”) pursuant to a trust agreement, dated as of April 26, 20 2022, as amended and restated as of September 18, 20 2022 (the “Trust Agreement”), between the Seller and [Owner Trustee]Wilmington Trust Company (“WTC”), as owner trustee (the “Owner Trustee”). The assets of the Trust will include, among other things, a certificate (the “Holding Certificate”) representing the entire beneficial interest in the Holding Trust, the assets of which will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks trucks, minivans and vans sport utility vehicles (the “Receivables”) and certain monies due thereunder on or after September 18, 20 2022 (the “Cutoff Date”). [The Holding Certificate will be issued pursuant to an Amended and Restated Trust will enter into an interest rate swap agreement with [Hedge Provider] Agreement dated as of September 18, 2022 (the “Hedge CounterpartyHolding Trust Agreement”) on ), between the Closing Date (Trust, as defined below) to hedge seller, and the floating interest rate on the Class A-3 Notes Owner Trustee, as holding trustee (the “Hedge AgreementHolding Trustee”).]
Appears in 1 contract
Samples: Underwriting Agreement (Exeter Automobile Receivables Trust 2022-5)
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $164,800,000 Class A-1 0.33907% Asset Backed Notes (the “Class A-1 Notes”), $ $295,000,000 Class A-2[-A] A-2 0.92% Asset Backed Notes (the “Class A-2[-A] A-2 Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ $178,078,000 Class A-3 1.17% Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B A-2 Notes], the “Class A Notes”), $ $69,231,000 Class B 2.26% Asset Backed Notes (the “Class B Notes”), $ $85,942,000 Class C 3.08% Asset Backed Notes (the “Class C Notes”), $ $84,509,000 Class D 4.08% Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ $22,440,000 Class E 6.53% Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - 2011-4 (the “Trust”) pursuant to an Indenture, to be dated as of September 13, 20 2011 (the “Indenture”), between the Trust and [Trustee] Xxxxx Fargo Bank, National Association (“[Trustee]Xxxxx Fargo”), a national banking association, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of August 18, 20 2011, as amended and restated as of September 13, 20 2011 (the “Trust Agreement”), between the Seller and [Owner Trustee]Wilmington Trust Company, as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after September 13, 20 2011 (the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Agreement”).]
Appears in 1 contract
Samples: Underwriting Agreement (Americredit Automobile Receivables Trust 2011-4)
Issuance and Sale of Notes. The Seller Sponsor has authorized the issuance and sale of $ $166,000,000 Class A-1 5.3484% Asset Backed Notes, $342,000,000 Class A-2 5.37% Asset Backed Notes, $352,000,000 Class A-3 5.21% Asset Backed Notes and $340,000,000 Class A-4 5.21% Asset Backed Notes (the “Class A-1 Notes”), $ Class A-2[-A] % Asset Backed Notes (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notescollectively, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - 2006-B-G (the “Trust”) pursuant to an Indenture, to be dated as of September 18, 20 2006 (the “Indenture”), between the Trust and [Trustee] Wxxxx Fargo Bank, National Association (“[Trustee]Wxxxx Fargo”), a national banking association, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral AgentTrustee”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, togethercollectively, the “Securities”) pursuant to a trust agreementTrust Agreement, dated as of September 6, 20 2006, as amended and restated as of September 18, 20 (the “Trust Agreement”)2006, between the Seller and [Owner Trustee]Wilmington Trust Company, as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after September 18, 20 2006 (the “Cutoff Date”). [The Trust Notes will enter into an interest rate swap agreement with [Hedge Provider] have the benefit of a note insurance policy (the “Hedge CounterpartyNote Insurance Policy”), issued by Financial Guaranty Insurance Company, a New York stock insurance company (the “Note Insurer”). In connection with the issuance of the Note Insurance Policy (i) on the Closing Date Companies, the Trust, Wxxxx Fargo, as trustee, trust collateral agent and backup servicer, the Sponsor, as Custodian and the Note Insurer will execute and deliver an Insurance Agreement dated as of September 18, 2006 (the “Insurance Agreement”), (ii) the Representative (as defined below) to hedge and the floating interest rate on the Class A-3 Notes Note Insurer will execute and deliver an Indemnification Agreement dated as of September 14, 2006 (the “Hedge Indemnification Agreement”) and (iii) the Trust, the Trustee and the Note Insurer will execute and deliver a Spread Account Agreement dated as of September 18, 2006 (the “Spread Account Agreement”).]
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Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $168,000,000 Class A-1 0.25000% Asset Backed Notes (the “Class A-1 Notes”), $ $279,000,000 Class A-2[-A] A-2 0.74% Asset Backed Notes (the “Class A-2[-A] A-2 Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ $192,260,000 Class A-3 0.96% Asset Backed Notes (the “Class A-3 Notes” and and, together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B A-2 Notes], the “Class A Notes”), $ $68,870,000 Class B 1.66% Asset Backed Notes (the “Class B Notes”), $ $85,480,000 Class C 2.72% Asset Backed Notes (the “Class C Notes”), $ $84,060,000 Class D 3.31% Asset Backed Notes (the “Class D Notes”; and ” and, together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ $22,330,000 Class E 4.01% Asset Backed Notes (the “Class E Notes”; and ” and, together with the Publicly Offered Notes, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - 2013-4 (the “Trust”) pursuant to an Indenture, to be dated as of August 7, 20 2013 (the “Indenture”), between the Trust and [Trustee] Xxxxx Fargo Bank, National Association (“[Trustee]Xxxxx Fargo”), a national banking association, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of July 18, 20 2013, as amended and restated as of August 7, 20 2013, (the “Trust Agreement”), between the Seller and [Owner Trustee]Wilmington Trust Company, as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after August 7, 20 2013 (the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Agreement”).]
Appears in 1 contract
Samples: Underwriting Agreement (AmeriCredit Automobile Receivables Trust 2013-4)
Issuance and Sale of Notes. The Seller Sponsor has authorized the -------------------------- issuance and sale of $ $130,000,000 Class A-1 5.199% Asset Backed Notes (the “Notes, $240,000,000 Class A-1 Notes”), $ Class A-2[-A] % A-2 Floating Rate Asset Backed Notes (the “Notes, $100,000,000 Class A-2[-A] A-3 Floating Rate Asset Backed Notes”), [$ and $155,000,000 Class A-2-B A-4 Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notescollectively, the “Class A-2 "Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”"). The Notes are to be issued by ----- AmeriCredit Automobile Receivables Trust 20 - 1998-D (the “"Trust”") pursuant to an ----- Indenture, to be dated as of November 1, 20 1998 (the “"Indenture”"), between the --------- Trust and [Trustee] (“[Trustee]”)Bank One, N.A., a national banking association, as indenture trustee (the “"Trustee”") and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the ------- Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “"Certificate”") (the Notes ----------- and the Certificate, togethercollectively, the “"Securities”") pursuant to a trust agreementTrust ---------- Agreement, dated as of October 23, 20 1998, as amended and restated as of November 1, 20 (the “Trust Agreement”)1998, between the Seller and [Owner Trustee]Bankers Trust (Delaware), as owner trustee (the “"Owner Trustee”"). The assets of the Trust will initially include a pool of ------------- retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “"Initial Receivables”") and certain monies due thereunder on ------------------- or after November 1, 1998 (the "Initial Cutoff Date"). Additional retail ------------------- installment sale contracts secured by new or used automobiles, light duty trucks and vans (the "Subsequent Receivables") and certain monies due thereunder on or ---------------------- after the applicable Subsequent Cutoff Date are intended to be purchased by the Trust from the Seller from time to time on or before the end of the Funding Period, 20 from funds available under the Pre-Funded Amount. The Initial Receivables and the Subsequent Receivables are hereinafter referred to as the "Receivables." ----------- The Notes will have the benefit of a note insurance policy (the “Cutoff Date”"Note ---- Insurance Policy"), issued by Financial Security Assurance Inc., a monoline ---------------- insurance corporation organized under the laws of New York (the "Note Insurer"). [The ------------ In connection with the issuance of the Note Insurance Policy (i) the Companies, CP Funding Corp. ("CP Funding"), the Trust and the Note Insurer will enter into execute and deliver an interest rate swap agreement with [Hedge Provider] Insurance Agreement dated as of November 1, 1998 (the “Hedge Counterparty”"Insurance Agreement") on and (ii) the Closing Date (Seller, the Underwriters and the Note -------------------- Insurer will execute and deliver an Indemnification Agreement dated as defined below) to hedge the floating interest rate on the Class A-3 Notes of November 1, 1998 (the “Hedge "Indemnification Agreement”").]. -------------------------
Appears in 1 contract
Samples: Underwriting Agreement (Americredit Financial Services Inc)
Issuance and Sale of Notes. The Seller Sponsor has authorized the -------------------------- issuance and sale of $ $192,000,000 Class A-1 6.89% Asset Backed Notes (the “Notes, $393,000,000 Class A-1 Notes”), $ Class A-2[-A] A-2 7.52% Asset Backed Notes, $275,000,000 Class A-3 Floating Rate Asset Backed Notes (the “and $340,000,000 Class A-2[-A] Notes”), [$ Class A-2-B A-4 Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notescollectively, the “Class A-2 "Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”"). The Notes are to be issued by ----- AmeriCredit Automobile Receivables Trust 20 - 2000-B (the “"Trust”") pursuant to an ----- Indenture, to be dated as of May 22, 20 2000 (the “"Indenture”"), between the Trust --------- and [Trustee] (“[Trustee]”)Bank One, N.A., a national banking association, as indenture trustee (the “"Trustee”") and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust ------- will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “"Certificate”") (the Notes and ----------- the Certificate, togethercollectively, the “"Securities”") pursuant to a trust agreementTrust Agreement, ---------- dated as of March 17, 20 2000, as amended and restated as of May 22, 20 (the “Trust Agreement”)2000, between the Seller and [Owner Trustee]Bankers Trust (Delaware), as owner trustee (the “"Owner Trustee”"). ------------- The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “"Initial Receivables”") and certain monies due thereunder on or after May 22, 20 ------------------- 2000 (the “"Initial Cutoff Date”"). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] Additional retail installment sale contracts ------------------- secured by new or used automobiles, light duty trucks and vans (the “Hedge Counterparty”"Subsequent ---------- Receivables") and certain monies due thereunder on or after the Closing applicable ----------- Subsequent Cutoff Date (as defined below) are intended to hedge be purchased by the floating interest rate Trust from the Seller from time to time on or before the Class A-3 Notes (end of the “Hedge Agreement”).]Funding Period, from funds available under the Pre-Funded
Appears in 1 contract
Samples: Underwriting Agreement (Americredit Financial Services Inc)
Issuance and Sale of Notes. The Seller Sponsor has authorized the issuance and sale of $ $80,000,000 Class A-1 6.757% Asset Backed Notes, $174,000,000 Class A-2 6.700% Asset Backed Notes, $119,250,000 Class A-3 6.740% Asset Backed Notes, $45,000,000 Class B 7.160% Asset Backed Notes and $25,000,000 Class C 7.440% Asset Backed Notes (the “Class A-1 Notes”), $ Class A-2[-A] % Asset Backed Notes (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notescollectively, the “Class A-2 Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”"NOTES"). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - 2000-1 (the “Trust”"TRUST") pursuant to an Indenture, to be dated as of November 2, 20 2000 (the “Indenture”"INDENTURE"), between the Trust and [Trustee] (“[Trustee]”)The Chase Manhattan Bank, a New York banking corporation, as indenture trustee (the “Trustee”"TRUSTEE") and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue $25,000,000 Class D Notes (the "CLASS D NOTES") and $26,750,000 Class E Notes (the "CLASS E NOTES") issued pursuant to the Indenture and an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”"CERTIFICATE") (the Notes, the Class D Notes, the Class E Notes and the Certificate, togethercollectively, the “Securities”"SECURITIES") pursuant to a trust agreementTrust Agreement, dated as of October 11, 20 2000, as amended and restated as of November 2, 20 (the “Trust Agreement”), 2000 between the Seller and [Owner Trustee]Bankers Trust (Delaware), as owner trustee (the “Owner Trustee”"OWNER TRUSTEE"). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”"RECEIVABLES") and certain monies due thereunder on or after November 2, 20 2000 (the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Agreement”"CUTOFF DATE").]
Appears in 1 contract
Samples: Underwriting Agreement (Americredit Financial Services Inc)
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $124,000,000 Class A-1 0.10415% Asset Backed Notes (the “Class A-1 Notes”), $ $309,890,000 Class A-2[-A] A-2 0.34% Asset Backed Notes (the “Class A-2[-A] A-2 Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ $199,800,000 Class A-3 0.35% Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ $206,550,000 Class B 0.69% Asset Backed Notes (the “Class B Notes”), $ $189,170,000 Class C 0.96% Asset Backed Notes (the “Class C Notes”), $ $187,160,000 Class D 1.55% Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ $80,220,000 Class E 3.04% Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class B Notes, the Class C Notes, the Class D Notes and the Class E Notes, the “Notes”). The Seller proposes to sell to the Underwriters named in Schedule I hereto (the “Underwriters”) the Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class B Notes, the Class C Notes and the Class D Notes (collectively, the “Offered Notes”). The Notes are to be issued by AmeriCredit Exeter Automobile Receivables Trust 20 - 2021-3 (the “Trust”) pursuant to an Indenture, to be dated as of July 31, 20 2021 (the “Indenture”), between among the Trust, Exeter Holdings Trust 2021-3 (the “Holding Trust”), and [Trustee] Citibank, N.A. (“[Trustee]Citibank”), a national banking association, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate Certificates representing the beneficial ownership interests in the Trust (the “CertificateCertificates”) (the Notes and the CertificateCertificates, together, the “Securities”) pursuant to a trust agreement, dated as of February 1, 20 2021, as amended and restated as of July 31, 20 2021 (the “Trust Agreement”), between the Seller and [Owner Trustee]Wilmington Trust Company (“WTC”), as owner trustee (the “Owner Trustee”). The assets of the Trust will include, among other things, a certificate (the “Holding Certificate”) representing the entire beneficial interest in the Holding Trust, the assets of which will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks trucks, minivans and vans sport utility vehicles (the “Receivables”) and certain monies due thereunder on or after July 31, 20 2021 (the “Cutoff Date”). [The Holding Certificate will be issued pursuant to an Amended and Restated Trust will enter into an interest rate swap agreement with [Hedge Provider] Agreement dated as of July 31, 2021 (the “Hedge CounterpartyHolding Trust Agreement”) on ), between the Closing Date (Trust, as defined below) to hedge seller, and the floating interest rate on the Class A-3 Notes Owner Trustee, as holding trustee (the “Hedge AgreementHolding Trustee”).]
Appears in 1 contract
Samples: Underwriting Agreement (Exeter Automobile Receivables Trust 2021-3)
Issuance and Sale of Notes. The Seller Issuer has authorized -------------------------- the issuance and sale of $ $304,474,000 of 5.11% Class A-1 % Asset Lease-Backed Notes Notes, Series 1999- 1 (the “"Class A-1 Notes”"); $61,579,000 of 5.60% Class A-2 Lease-Backed Notes, $ Class A-2[-A] % Asset Backed Notes Series 1999-1 (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “"Class A-2 Notes”"),] $ ; $304,127,000 of 5.99% Class A-3 % Asset Lease- Backed Notes Notes, Series 1999-1 (the “"Class A-3 Notes” "); and $81,462,000 of 6.23% Class A-4 Lease-Backed Notes, Series 1999-1 (the "Class A-4 Notes"; together with the Class A-1 Notes, the Class A-2[-A] A-2 Notes [and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A A-3 Notes, the Class B "Notes"). The Notes and the Class C Noteswill be issued pursuant to an Indenture, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes dated as of April 1, 1999 (the “Class E Notes”; "Indenture"), among the Issuer, IOS Capital, as Servicer, and together with Xxxxxx Trust and Savings Bank (the Publicly Offered Notes, the “Notes”"Trustee"). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - more fully described in the Final Prospectus (the “Trust”) pursuant to an Indenture, to be dated as of , 20 (the “Indenture”), between the Trust and [Trustee] (“[Trustee]”defined below), a banking , as indenture trustee (copy of which the “Trustee”) and as trust collateral agent (Issuer is furnishing to you. The Notes will evidence secured debt obligations of the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of , 20 , as amended and restated as of , 20 (the “Trust Agreement”), between the Seller and [Owner Trustee], as owner trustee (the “Owner Trustee”)Issuer. The assets of the Trust Issuer will initially include a pool of retail installment sale contracts secured by new or used automobilesprimarily office equipment lease contracts, light duty trucks and vans including certain payments due thereunder (the “Receivables”) "Leases"), and certain monies due thereunder on or after , 20 the Issuer's interest in the underlying equipment (the “Cutoff Date”"Equipment"). [The Trust Notes will enter into be entitled to the benefits of a financial guaranty insurance policy issued by Ambac Assurance Corporation ("Ambac") in accordance with the terms of an interest rate swap agreement with [Hedge Provider] Insurance and Indemnity Agreement among Ambac, the Issuer, the Seller, IOS Capital and the Trustee (the “Hedge Counterparty”) "Insurance Agreement"). Capitalized terms used and not defined herein shall have the meanings specified in the Indenture. The Notes will be sold by the Issuer to the Underwriters in the amounts set forth on Schedule A hereto. The terms which follow, when used in this Underwriting Agreement (this "Agreement"), shall have the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Agreement”).]meanings indicated:
Appears in 1 contract
Issuance and Sale of Notes. The Seller Issuer has authorized the -------------------------- issuance and sale of $ $193,532,000 of 6.66125% Class A-1 % Asset Lease-Backed Notes Notes, Series 2000-2 (the “"Class A-1 Notes”"); $70,193,000 of 6.60000% Class A-2 Lease-Backed Notes, $ Class A-2[-A] % Asset Backed Notes Series 2000-2 (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “"Class A-2 Notes”"),] $ ; $290,800,000 of Class A-3 % Asset Lease-Backed Notes Notes, Series 2000-2 (the “"Class A-3 Notes” "); and $79,906,000 of Class A-4 Lease-Backed Notes, Series 2000-2 (the "Class A-4 Notes"; together with the Class A-1 Notes, the Class A-2[-A] Notes [A-2 Notes, and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A A-3 Notes, the Class B "Notes"). The Notes and the Class C Noteswill be issued pursuant to an Indenture, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes dated as of December 1, 2000 (the “Class E Notes”; "Indenture"), among the Issuer, IOS Capital, as Servicer, and together with The Chase Manhattan Bank (the Publicly Offered Notes, the “Notes”"Trustee"). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - more fully described in the Final Prospectus (the “Trust”) pursuant to an Indenture, to be dated as of , 20 (the “Indenture”), between the Trust and [Trustee] (“[Trustee]”defined below), a banking , as indenture trustee (copy of which the “Trustee”) and as trust collateral agent (Issuer is furnishing to you. The Notes will evidence secured debt obligations of the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of , 20 , as amended and restated as of , 20 (the “Trust Agreement”), between the Seller and [Owner Trustee], as owner trustee (the “Owner Trustee”)Issuer. The assets of the Trust Issuer will initially include a pool of retail installment sale contracts secured by new or used automobilesprimarily office equipment lease contracts, light duty trucks and vans including certain payments due thereunder (the “Receivables”) "Leases"), and certain monies due thereunder on or after , 20 the Issuer's interest in the underlying equipment (the “Cutoff Date”"Equipment"). [The Trust Notes will enter into an interest rate swap agreement with [Hedge Provider] be entitled to the benefits of a financial guaranty insurance policy (the “Hedge Counterparty”"Policy") on issued by Ambac Assurance Corporation ("Ambac") in accordance with the Closing Date (as defined below) to hedge terms of an Insurance and Indemnity Agreement among Ambac, the floating interest rate on Issuer, the Class A-3 Notes Seller, IOS Capital and the Trustee (the “Hedge "Insurance Agreement”").]. Capitalized terms used and not defined herein shall have the meanings specified in the Indenture. The Notes will be sold by the Issuer to the Underwriters in the amounts set forth on Schedule A hereto. The terms which follow, when used in this Underwriting Agreement (this "Agreement"), shall have the meanings indicated:
Appears in 1 contract
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $182,800,000 Class A-1 0.32522% Asset Backed Notes (the “Class A-1 Notes”), $ $223,000,000 Class A-2[-A] A-2 0.96% Asset Backed Notes (the “Class A-2[-A] A-2 Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ $90,327,000 Class A-3 1.27% Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B A-2 Notes], the “Class A Notes”), $ $53,846,000 Class B 1.99% Asset Backed Notes (the “Class B Notes”), $ $66,843,000 Class C 2.76% Asset Backed Notes (the “Class C Notes”), $ $65,730,000 Class D 4.20% Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ $17,454,000 Class E 6.40% Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - 2010-4 (the “Trust”) pursuant to an Indenture, to be dated as of November 2, 20 2010 (the “Indenture”), between the Trust and [Trustee] Wxxxx Fargo Bank, National Association (“[Trustee]Wxxxx Fargo”), a national banking association, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, togethercollectively, the “Securities”) pursuant to a trust agreement, dated as of October 26, 20 2010, as amended and restated as of November 2, 20 2010 (the “Trust Agreement”), between the Seller and [Owner Trustee]Wilmington Trust Company, as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after November 2, 20 2010 (the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Agreement”).]
Appears in 1 contract
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ Class A-1 % Asset Backed Notes (the “Class A-1 Notes”), $ Class A-2[-A] % Asset Backed Notes (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes”), $ Class A-4 % Asset Backed Notes (the “Class A-4 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and , the Class A-2-B Notes]] and the Class A-3 Notes, the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) [and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”)]. The Notes are to be issued by AmeriCredit GM Financial Consumer Automobile Receivables Trust 20 - (the “Trust”) pursuant to an Indenture, to be dated as of , 20 (the “Indenture”), between the Trust and [Trustee] (“[Trustee]”), a banking , as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of , 20 , as amended and restated as of , 20 (the “Trust Agreement”), between the Seller and [Owner Trustee], as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans utility vehicles (the “Receivables”) and certain monies due thereunder on or after , 20 (the “Cutoff Date”). The Trust will provide for the review of the Receivables for compliance with the representations and warranties made about them in certain circumstances under an asset representations review agreement (the “Asset Representations Review Agreement”) to be entered into by the Trust, the Sponsor, as servicer, and [Asset Representations Reviewer], as asset representations reviewer (the “Asset Representations Reviewer”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 A-2-B Notes (the “Hedge Agreement”).]
Appears in 1 contract
Issuance and Sale of Notes. Transferor proposes to cause Issuer to issue and sell $[___________] (the "Class A-1 Initial Principal Amount") of [_____]% Class A-1 Lease- Backed Notes (the "Class A-1 Notes"); $[__________] (the "Class A-2 Initial Principal Amount") of [____]% Class A-2 Lease-Backed Notes (the "Class A-2 Notes"); $[__________] (the "Class B Initial Principal Amount"; together with the Class A-1 Initial Principal Amount and the Class A-2 Initial Principal Amount, the "Initial Principal Amount") of [____]% Class B Lease-Backed Notes (the "Class B Notes"; together with the Class A-1 Notes and the Class A-2 Notes, the "Notes") and $[__________] of [_____]% Lease-Backed Certificates (the "Certificates"; together with the Notes, the "Securities"). The Seller has authorized Notes will be issued pursuant to an Indenture, dated as of September 1, 1998 (the "Indenture"), between Issuer and [Name of Indenture Trustee] (the "Indenture Trustee"). The Notes are more fully described in the Final Prospectus (as defined below), a copy of which Transferor is furnishing to you. The Notes will evidence secured obligations of Issuer. The assets of Issuer will include a pool of Leases and certain interests in the underlying Equipment. The Notes will be sold by Transferor to you as underwriter (the "Underwriter"). Simultaneously with the issuance and sale of $ Class A-1 % Asset Backed the Notes (as contemplated in this Agreement, Transferor will sell the “Class A-1 Notes”), $ Class A-2[-A] % Asset Backed Notes (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - (the “Trust”) Certificates pursuant to an Indenture, to be a placement agreement dated as of , 20 the date hereof (the “Indenture”)"Certificate Placement Agreement") among Transferor, between the Trust ILC and [Trustee] (“[Trustee]”), a banking , as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of , 20 , as amended and restated as of , 20 (the “Trust Agreement”), between the Seller and [Owner Trustee], as owner trustee (the “Owner Trustee”)you. The assets of terms which follow, when used in this Agreement, shall have the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after , 20 (the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Agreement”).]meanings indicated:
Appears in 1 contract
Samples: Underwriting Agreement (Provident Lease Receivables Corp)
Issuance and Sale of Notes. The Seller Sponsor has authorized -------------------------- the issuance and sale of $ $116,000,000 Class A-1 5.629% Asset Backed Notes, $174,000,000 Class A-2 Floating Rate Asset Backed Notes, $77,000,000 Class A-3 Floating Rate Asset Backed Notes, $108,000,000 Class A-4 6.06% Asset Backed Notes, $50,000,000 and Class A-5 6.12% Asset Backed Notes (the “Class A-1 Notes”), $ Class A-2[-A] % Asset Backed Notes (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notescollectively, the “Class A-2 "Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”"). The Notes are to be issued by AmeriCredit Automobile Receivables ------ Trust 20 - 1998-B (the “"Trust”") pursuant to an Indenture, to be dated as of May 11, 20 ----- 1998 (the “"Indenture”"), between the Trust and [Trustee] (“[Trustee]”)Bank One, N.A., a national --------- banking association, as indenture trustee (the “"Trustee”") and as trust ------- collateral agent (the “Trust Collateral Agent”)agent. In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “"Certificate”") (the Notes and the Certificate, together----------- collectively, the “"Securities”") pursuant to a trust agreementTrust Agreement, to be dated as of ---------- May 11, 20 , as amended and restated as of , 20 (the “Trust Agreement”)1998, between the Seller and [Owner Trustee]Bankers Trust (Delaware), as owner trustee (the “"Owner Trustee”"). The assets of the Trust will initially include a pool of ------------- retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “"Initial Receivables”") and certain monies due thereunder on ------------------- or after May 11, 1998 (the "Initial Cutoff Date"). Additional retail ------------------- installment sale contracts secured by new or used automobiles, light duty trucks and vans (the "Subsequent Receivables") and certain monies due thereunder on or ---------------------- after the applicable Subsequent Cutoff Date are intended to be purchased by the Trust from the Seller from time to time on or before the end of the Funding Period, 20 from funds available under the Pre-Funded Amount. The Initial Receivables and the Subsequent Receivables are hereinafter referred to as the "Receivables." ----------- The Notes will have the benefit of a note insurance policy (the “Cutoff Date”"Note ---- Insurance Policy"), issued by Financial Security Assurance Inc., a monoline ---------------- insurance corporation organized under the laws of New York (the "Note Insurer"). [The ------------ In connection with the issuance of the Note Insurance Policy (i) the Companies, CP Funding Corp. ("CP Funding"), the Trust and the Note Insurer will enter into execute and deliver an interest rate swap agreement with [Hedge Provider] Insurance Agreement dated as of May 11, 1998 (the “Hedge Counterparty”"Insurance Agreement") on and (ii) the Closing Date (Seller, the Underwriters and the Note -------------------- Insurer will execute and deliver an Indemnification Agreement dated as defined below) to hedge the floating interest rate on the Class A-3 Notes of May 11, 1998 (the “Hedge "Indemnification Agreement”").]. -------------------------
Appears in 1 contract
Samples: Underwriting Agreement (Americredit Financial Services Inc)
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $86,900,000 Class A-1 5.598% Asset Backed Notes (the “Class A-1 Notes”), $ $205,000,000 Class A-2[-A] A-2 5.82% Asset Backed Notes (the “Class A-2[-A] A-2 Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ $84,295,000 Class A-3 5.65% Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ $100,899,000 Class B 5.57% Asset Backed Notes (the “Class B Notes”), $ $120,904,000 Class C 5.70% Asset Backed Notes (the “Class C Notes”), $ $129,603,000 Class D 5.98% Asset Backed Notes (the “Class D Notes”; ), and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ $87,852,000 Class E 7.84% Asset Backed Notes (the “Class E Notes”; and ” and, together with the Publicly Offered Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class B Notes, the Class C Notes, and the Class D Notes, the “Notes”). The Seller proposes to sell to the Underwriters named in Schedule I hereto (the “Underwriters”) $82,555,000 Class A-1 Notes, $194,750,000 Class A-2 Notes, $80,080,000 Class A-3 Notes, $95,854,000 Class B Notes, $114,858,000 Class C Notes, and $123,122,000 Class D Notes (collectively, the “Offered Notes”). The Notes are to be issued by AmeriCredit Exeter Automobile Receivables Trust 20 - 2024-3 (the “Trust”) pursuant to an Indenture, to be dated as of May 6, 20 2024 (the “Indenture”), between among the Trust, Exeter Holdings Trust 2024-3 (the “Holding Trust”), and [Trustee] Citibank, N.A. (“[Trustee]Citibank”), a national banking association, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests Certificates in the Trust aggregate notional amount of $100,000 (the “CertificateCertificates”) (the Notes and the CertificateCertificates, together, the “Securities”) pursuant to a trust agreement, dated as of January 4, 20 2024, as amended and restated as of May 6, 20 2024 (the “Trust Agreement”), between the Seller and [Owner Trustee]Wilmington Trust Company (“WTC”), as owner trustee (the “Owner Trustee”). The assets of the Trust will include, among other things, a certificate (the “Holding Certificate”) representing the entire beneficial interest in the Holding Trust, the assets of which will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks trucks, minivans and vans sport utility vehicles (the “Receivables”) and certain monies due thereunder on or after May 6, 20 2024 (the “Cutoff Date”). [The Holding Certificate will be issued pursuant to an Amended and Restated Trust will enter into an interest rate swap agreement with [Hedge Provider] Agreement dated as of May 6, 2024 (the “Hedge CounterpartyHolding Trust Agreement”) on ), between the Closing Date (Trust, as defined below) to hedge seller, and the floating interest rate on the Class A-3 Notes Owner Trustee, as holding trustee (the “Hedge AgreementHolding Trustee”).]
Appears in 1 contract
Samples: Underwriting Agreement (Exeter Automobile Receivables Trust 2024-3)
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $53,700,000 Class A-1 5.59200% Asset Backed Notes (the “Class A-1 Notes”), $ $150,000,000 Class A-2[-A] A-2 5.87% Asset Backed Notes (the “Class A-2[-A] A-2 Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ $59,741,000 Class A-3 5.60% Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ $109,256,000 Class B 5.61% Asset Backed Notes (the “Class B Notes”), $ $91,218,000 Class C 5.75% Asset Backed Notes (the “Class C Notes”), $ $95,982,000 Class D 6.32% Asset Backed Notes (the “Class D Notes”; ), and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ $62,967,000 Class E 9.75% Asset Backed Notes (the “Class E Notes”; and ” and, together with the Publicly Offered Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class B Notes, the Class C Notes, and the Class D Notes, the “Notes”). The Seller proposes to sell to the Underwriters named in Schedule I hereto (the “Underwriters”) $51,015,000 Class A-1 Notes, $142,500,000 Class A-2 Notes, $56,753,000 Class A-3 Notes, $103,793,000 Class B Notes, $86,657,000 Class C Notes, and $91,182,000 Class D Notes (collectively, the “Offered Notes”). The Notes are to be issued by AmeriCredit Exeter Automobile Receivables Trust 20 - 2023-2 (the “Trust”) pursuant to an Indenture, to be dated as of April 23, 20 2023 (the “Indenture”), between among the Trust, Exeter Holdings Trust 2023-2 (the “Holding Trust”), and [Trustee] Citibank, N.A. (“[Trustee]Citibank”), a national banking association, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests Certificates in the Trust aggregate notional amount of $100,000 (the “CertificateCertificates”) (the Notes and the CertificateCertificates, together, the “Securities”) pursuant to a trust agreement, dated as of September 20, 20 2022, as amended and restated as of April 23, 20 2023 (the “Trust Agreement”), between the Seller and [Owner Trustee]Wilmington Trust Company (“WTC”), as owner trustee (the “Owner Trustee”). The assets of the Trust will include, among other things, a certificate (the “Holding Certificate”) representing the entire beneficial interest in the Holding Trust, the assets of which will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks trucks, minivans and vans sport utility vehicles (the “Receivables”) and certain monies due thereunder on or after February 6, 20 2023 (the “Cutoff Date”). [The Holding Certificate will be issued pursuant to an Amended and Restated Trust will enter into an interest rate swap agreement with [Hedge Provider] Agreement dated as of April 23, 2023 (the “Hedge CounterpartyHolding Trust Agreement”) on ), between the Closing Date (Trust, as defined below) to hedge seller, and the floating interest rate on the Class A-3 Notes Owner Trustee, as holding trustee (the “Hedge AgreementHolding Trustee”).]
Appears in 1 contract
Samples: Underwriting Agreement (Exeter Automobile Receivables Trust 2023-2)
Issuance and Sale of Notes. The Seller Issuer has authorized the issuance and sale of $ $[____] (the "Class A-1 Initial Principal Amount") of [_____]% Asset Class A-1 Lease-Backed Notes (the “"Class A-1 Notes”"), $ ; $[ ] (the "Class A-2[-A] A-2 Initial Principal Amount") of [_____]% Asset Class A-2 Lease-Backed Notes (the “"Class A-2[-AA-2 Notes"); $[_____] Notes”), (the "Class A-3 Initial Principal Amount" of [$ _____]% Class A-2A-3 Lease-B Floating Rate Asset Backed Notes (the “"Class A-2-B A-3 Notes” and, "); $[_____] (the "Class A-4 Initial Principal Amount" together with the Class A-2-A NotesA-1 Initial Principal Amount, Class A-2 Initial Principal Amount, Class A-3 Initial Principal Amount, the “"Class A-2 Notes”),] $ A Initial Principal Amount") of [_____]% Class A-3 % Asset A-4 Lease-Backed Notes (the “"Class A-3 A-4 Notes” and " together with the Class A-1 Notes, the Class A-2[-A] A-2 Notes [and the Class A-2-B A-3 Notes], the “"Class A Notes”"), $ ; $[_____] (the "Class B Initial Principal Amount") of [_____]% Asset Class B Lease-Backed Notes (the “"Class B Notes”"), $ ; $[_____] (the "Class C Initial Principal Amount") of [_____]% Asset Class C Lease-Backed Notes A (the "Class C Notes"); $[_____] (the "Class D Initial Principal Amount" together with the Class A Initial Principal Amount, the Class B Initial Principal Amount, the Class C Initial Principal Amount, the Class D Initial Principal Amount, the "Initial Principal Amount") of [_____]% Class D Lease-Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “"Class D Notes”"; and together with the Class A Notes, the Class B Notes and the Class C NotesB, the “Publicly "Offered Notes”) and $ Class E % Asset Backed " or the "Notes"). The Notes will be issued pursuant to an Indenture, dated as of July 1, 1999 (the “Class E Notes”; "Indenture"), among the Issuer, Charter and together with LaSalle Bank National Association (the Publicly Offered Notes, the “Notes”"Trustee"). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - more fully described in the Final Prospectus (the “Trust”) pursuant to an Indenture, to be dated as of , 20 (the “Indenture”), between the Trust and [Trustee] (“[Trustee]”defined below), a banking , as indenture trustee (copy of which the “Trustee”) and as trust collateral agent (Issuer is furnishing to you. The Notes will evidence secured debt obligations of the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of , 20 , as amended and restated as of , 20 (the “Trust Agreement”), between the Seller and [Owner Trustee], as owner trustee (the “Owner Trustee”)Issuer. The assets of the Trust Issuer will initially include a pool of retail installment sale contracts secured by new or used automobilesprimarily business equipment and medical equipment lease contracts, light duty trucks and vans including all payments due thereunder (the “Receivables”"Leases") and certain monies due thereunder on or after , 20 interests in the underlying equipment (the “Cutoff Date”"Equipment"). [Capitalized terms used and not defined herein shall have the meanings specified in the Indenture. The Trust Notes will enter into an interest rate swap agreement with [Hedge Provider] be sold by the Issuer to you as Underwriter in the amounts set forth on Schedule A hereto. The terms which follow, when used in this Underwriting Agreement (the “Hedge Counterparty”) on "Agreement"), shall have the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Agreement”).]meanings indicated:
Appears in 1 contract
Samples: Underwriting Agreement (Charter Equipment Lease 1998-1 LLC)
Issuance and Sale of Notes. The Seller Sponsor has authorized the issuance and sale of $ $____________ Class A-1 A ___% Asset Backed Notes (the “Class A-1 "Notes”), $ Class A-2[-A] % Asset Backed Notes (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”"). The Notes are to be issued by AmeriCredit Automobile Triad Auto Receivables Trust 20 - 20__-_ (the “"Trust”") pursuant to an Indenture, to be dated as of _____________, 20 20__ (the “"Indenture”"), between the Trust and [Trustee] (“[TrusteeName of indenture trustee]”), a banking ________________, as indenture trustee (the “"Trustee”") and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “"Certificate”") (the Notes and the Certificate, togethercollectively, the “"Securities”") pursuant to a trust agreementTrust Agreement, dated as of ____________, 20 20__, as amended and restated as of ___________, 20 (the “Trust Agreement”), 20__ between the Seller and [Owner TrusteeName of owner trustee], as owner trustee (the “"Owner Trustee”"). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “"[Initial] Receivables”") and certain monies due thereunder on or after ________________, 20 20__ (the “"[Initial] Cutoff Date”"). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] Additional retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Hedge Counterparty”"Subsequent Receivables") and certain monies due thereunder on or after the Closing applicable Subsequent Cutoff Date (are intended to be purchased by the Trust from the Seller from time to time on or before the end of the Funding Period, from funds available under the Pre-Funded Amount. The [Initial] Receivables and the Subsequent Receivables are hereinafter referred to as defined below) to hedge the floating interest rate on "Receivables."] [The Notes will have the Class A-3 Notes benefit of a note insurance policy (the “Hedge "Note Insurance Policy"), issued by ________________, a __________________ organized under the laws of _____________ (the "Note Insurer").] [In connection with the issuance of the Note Insurance Policy (i) the Companies, the Trust and the Note Insurer will execute and deliver an Insurance Agreement dated as of ______________, 20__ (the "Insurance Agreement”") and (ii) the Seller, the Underwriters and the Note Insurer will execute and deliver an Indemnification Agreement dated as of ____________, 20__ (the "Indemnification Agreement").]
Appears in 1 contract
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $36,800,000 Class A-1 0.37690% Asset Backed Notes, $69,000,000 Class A-2 1.18% Asset Backed Notes and $94,200,000 Class A-3 2.49% Asset Backed Notes (the “Class A-1 Notes”), $ Class A-2[-A] % Asset Backed Notes (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notescollectively, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - 2010-B (the “Trust”) pursuant to an Indenture, to be dated as of August 2, 20 2010 (the “Indenture”), between the Trust and [Trustee] Xxxxx Fargo Bank, National Association (“[Trustee]Xxxxx Fargo”), a national banking association, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, togethercollectively, the “Securities”) pursuant to a trust agreement, dated as of July 28, 20 2010, as amended and restated as of August 2, 20 2010 (the “Trust Agreement”), between the Seller and [Owner Trustee]Wilmington Trust Company, as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after August 2, 20 2010 (the “Cutoff Date”). [The Trust Notes will enter into an interest rate swap agreement with [Hedge Provider] have the benefit of a financial guaranty insurance policy (the “Hedge CounterpartyNote Insurance Policy”), issued by Assured Guaranty Corporation, a Maryland financial guaranty insurance company (the “Note Insurer”). In connection with the issuance of the Note Insurance Policy (i) the Note Insurer, the Companies, the Trust and AmeriCredit Corp., a corporation organized and existing under the laws of Texas (“AmeriCredit”) on will execute and deliver an insurance and indemnity agreement, dated as of August 2, 2010 (the Closing Date “Insurance Agreement”), (ii) the Seller, the Representative (as defined below) to hedge and the floating interest rate on the Class A-3 Notes Note Insurer will execute and deliver an indemnification agreement, dated as of August 12, 2010 (the “Hedge Indemnification Agreement”), (iii) the Seller, the Note Insurer, the Trust, the Trust Collateral Agent and AmeriCredit will execute and deliver a premium letter, dated as of August 2, 2010 (the “Premium Letter”), and (iv) the Trust, the Trustee, the Trust Collateral Agent, and the Note Insurer will execute and deliver a spread account agreement dated as of August 2, 2010 (the “Spread Account Agreement”).]
Appears in 1 contract
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ Class A-1 % Asset Backed Notes (the “Class A-1 Notes”), $ Class A-2[-A] % Asset Backed Notes (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - (the “Trust”) pursuant to an Indenture, to be dated as of , 20 (the “Indenture”), between the Trust and [Trustee] (“[Trustee]”), a banking , as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of , 20 , as amended and restated as of , 20 (the “Trust Agreement”), between the Seller and [Owner Trustee], as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts and promissory notes secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after , 20 (the “Cutoff Date”). The Trust will provide for the review of the Receivables for compliance with the representations and warranties made about them in certain circumstances under an asset representations review agreement (the “Asset Representations Review Agreement”) to be entered into by the Trust, AmeriCredit Financial Services, Inc., as servicer, and [Asset Representations Reviewer] (the “Asset Representations Reviewer”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 A-2-B Notes (the “Hedge Agreement”).]
Appears in 1 contract
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $152,100,000 Class A-1 0.50068% Asset Backed Notes (the “Class A-1 Notes”), $ $177,700,000 Class A-2[-A] A-2 1.22% Asset Backed Notes (the “Class A-2[-A] A-2 Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ $76,600,000 Class A-3 1.71% Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B A-2 Notes], the “Class A Notes”), $ $52,800,000 Class B 2.73% Asset Backed Notes (the “Class B Notes”), $ $65,600,000 Class C 4.52% Asset Backed Notes (the “Class C Notes”), $ $60,800,000 Class D 6.24% Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ $14,400,000 Class E 8.66% Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - 2010-2 (the “Trust”) pursuant to an Indenture, to be dated as of May 5, 20 2010 (the “Indenture”), between the Trust and [Trustee] Xxxxx Fargo Bank, National Association (“[Trustee]Xxxxx Fargo”), a national banking association, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, togethercollectively, the “Securities”) pursuant to a trust agreement, dated as of April 21, 20 2010, as amended and restated as of May 5, 20 2010 (the “Trust Agreement”), between the Seller and [Owner Trustee]Wilmington Trust Company, as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after May 5, 20 2010 (the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Agreement”).]
Appears in 1 contract
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $[_] Class A-1 [_]% Asset Backed Notes (the “Class A-1 Notes”), $ $[_] Class A-2[-A] [_]% Asset Backed Notes (the “Class A-2[-A] Notes”), [$ $[_] Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ $[_] Class A-3 [_]% Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ $[_] Class B [_]% Asset Backed Notes (the “Class B Notes”), $ $[_] Class C [_]% Asset Backed Notes (the “Class C Notes”), $ $[_] Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ $[_] Class E [_]% Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Class A Notes, the Class B Notes, the Class C Notes and the Class D Notes, the “Notes”). The Seller proposes to sell to the Underwriters named in Schedule I hereto (the “Underwriters”) $[_] Class A-1 Notes, $[_] Class A-2[-A] Notes, [$[_] Class A-2-B Notes,] $[_] Class B Notes, $[_] Class C Notes and $[_] Class D Notes (collectively, the “Offered Notes”). The Notes are to be issued by AmeriCredit Exeter Automobile Receivables Trust 20 - 20[_]-[_] (the “Trust”) pursuant to an Indenture, to be dated as of [___], 20 20[_] (the “Indenture”), between the Trust and [Indenture Trustee] (“[Insert Name of Trustee]”), a _________ banking _________, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate Certificates representing the beneficial ownership interests in the Trust (the “CertificateCertificates”) (the Notes and the CertificateCertificates, together, the “Securities”) pursuant to a trust agreement, dated as of [___], 20 20[_] , as amended and restated as of [___], 20 20[_] (the “Trust Agreement”), between the Seller and [Owner Trustee], as owner trustee (the “Owner Trustee”). The assets of the Trust will include, among other things, a certificate (the “Holding Certificate”) representing the entire beneficial interest in Exeter Holdings Trust 20[_]-[_] (the “Holding Trust”), the assets of which will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks trucks, minivans and vans sport utility vehicles (the “Receivables”) and certain monies due thereunder on or after [___], 20 20[_] (the “Cutoff Date”). The Holding Certificate will be issued pursuant to an Amended and Restated Trust Agreement dated on or about [___], 20[_] (the “Holding Trust Agreement”), between the Trust, as seller, and the Owner Trustee, as holding trustee (the “Holding Trustee”). [The Trust will enter into an interest rate swap [swap][cap] agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 A-2-B Notes (the “Hedge Agreement”).]
Appears in 1 contract
Samples: Underwriting Agreement (Efcar, LLC)
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $108,000,000 Class A-1 0.17472% Asset Backed Notes (the “Class A-1 Notes”), $ Notes”),$313,050,000 Class A-2[-A] A-2 0.30% Asset Backed Notes (the “Class A-2[-A] A-2 Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ $107,480,000 Class A-3 0.34% Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ $158,090,000 Class B 0.50% Asset Backed Notes (the “Class B Notes”), $ $182,870,000 Class C 0.74% Asset Backed Notes (the “Class C Notes”), $ $135,670,000 Class D 1.08% Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ $108,540,000 Class E 2.21% Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class B Notes, the Class C Notes, the Class D Notes and the Class E Notes, the “Notes”). The Seller proposes to sell to the Underwriters named in Schedule I hereto (the “Underwriters”) the Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class B Notes, the Class C Notes and the Class D Notes (collectively, the “Offered Notes”). The Notes are to be issued by AmeriCredit Exeter Automobile Receivables Trust 20 - 2021-1 (the “Trust”) pursuant to an Indenture, to be dated as of December 31, 20 2020 (the “Indenture”), between among the Trust, Exeter Holdings Trust 2021-1 (the “Holding Trust”), and [Trustee] Citibank, N.A. (“[Trustee]Citibank”), a national banking association, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate Certificates representing the beneficial ownership interests in the Trust (the “CertificateCertificates”) (the Notes and the CertificateCertificates, together, the “Securities”) pursuant to a trust agreement, dated as of November 4, 20 2020, as amended and restated as of December 31, 20 2020 (the “Trust Agreement”), between the Seller and [Owner Trustee]Wilmington Trust Company (“WTC”), as owner trustee (the “Owner Trustee”). The assets of the Trust will include, among other things, a certificate (the “Holding Certificate”) representing the entire beneficial interest in the Holding Trust, the assets of which will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks trucks, minivans and vans sport utility vehicles (the “Receivables”) and certain monies due thereunder on or after December 31, 20 2020 (the “Cutoff Date”). [The Holding Certificate will be issued pursuant to an Amended and Restated Trust will enter into an interest rate swap agreement with [Hedge Provider] Agreement dated as of December 31, 2020 (the “Hedge CounterpartyHolding Trust Agreement”) on ), between the Closing Date (Trust, as defined below) to hedge seller, and the floating interest rate on the Class A-3 Notes Owner Trustee, as holding trustee (the “Hedge AgreementHolding Trustee”).]
Appears in 1 contract
Samples: Underwriting Agreement (Exeter Automobile Receivables Trust 2021-1)
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $191,100,000 Class A-1 0.30000% Asset Backed Notes (the “Class A-1 Notes”), $ $462,000,000 Class A-2[-A] A-2 0.49% Asset Backed Notes (the “Class A-2[-A] A-2 Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ $270,280,000 Class A-3 0.67% Asset Backed Notes (the “Class A-3 Notes” and and, together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B A-2 Notes], the “Class A Notes”), $ $99,470,000 Class B 1.31% Asset Backed Notes (the “Class B Notes”), $ $123,480,000 Class C 1.93% Asset Backed Notes (the “Class C Notes”), $ $121,430,000 Class D 2.68% Asset Backed Notes (the “Class D Notes”; and ” and, together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ $32,240,000 Class E 3.82% Asset Backed Notes (the “Class E Notes”; and ” and, together with the Publicly Offered Notes, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - 2012-4 (the “Trust”) pursuant to an Indenture, to be dated as of September 10, 20 2012 (the “Indenture”), between the Trust and [Trustee] Xxxxx Fargo Bank, National Association (“[Trustee]Xxxxx Fargo”), a national banking association, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of August 24, 20 2012, as amended and restated as of September 10, 20 2012 (the “Trust Agreement”), between the Seller and [Owner Trustee]Wilmington Trust Company, as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after September 10, 20 2012 (the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Agreement”).]
Appears in 1 contract
Samples: Underwriting Agreement (AmeriCredit Automobile Receivables Trust 2012-4)
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $_____ Class A-1 _____% Asset Backed Notes (the “Class A-1 Notes”), $ [$_____ Class A-2[-A] % Asset Backed Notes (the “Class A-2[-A] Notes”), [$ Class A-2-B A-2 Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”)], $ $_____ Class B _____% Asset Backed Notes (the “Class B Notes”), $ $_____ Class C _____% Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; ” and together with the Class A Notes, the Class B Notes and the Class C B Notes, the “Publicly Offered Notes”) and $ $_____ Class E D _____% Asset Backed Notes (the “Class E D Notes”; and together with the Publicly Offered Notes, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables GMF Floorplan Owner Revolving Trust 20 - (the “Trust”) pursuant to an the Indenture, to be dated as of March 27, 20 2013, between the Trust and Xxxxx Fargo Bank, National Association, a national banking association, as indenture trustee (in such capacity, the “Indenture Trustee”), as amended by the First Supplemental Indenture, dated as of February 26, 2014, between the Trust and the Indenture Trustee, the Second Supplemental Indenture, dated as of March 25, 2014, between the Trust and the Indenture Trustee, and the Third Supplemental Indenture, dated as of May 31, 2016, between the Trust and the Indenture Trustee (as so amended, the “Base Indenture”), as supplemented by the Series 20__-_ Indenture Supplement, dated as of _______ ___, 20__ (the “Series 20__-_ Indenture Supplement” and, together with the Base Indenture, the “Indenture”), between the Trust and [the Indenture Trustee] . The assets of the Trust will consist primarily of a revolving pool of receivables arising under selected financing agreements entered into by various auto dealers with GMF, as servicer (in such capacity, the “[Trustee]Servicer”), a banking to finance their new and used automobile, as indenture trustee truck and utility vehicle inventory (the “Trustee”) and as trust collateral agent (the “Trust Collateral AgentReceivables”). In addition The Receivables are sold from time to time by GMF to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) Transferor pursuant to a trust agreementthe Receivables Purchase Agreement, dated as of March 27, 20 2013 (the “Receivables Purchase Agreement”), between GMF, as amended seller, and restated the Transferor. The Receivables are then transferred by the Transferor to the Trust, and serviced by the Servicer on behalf of the Trust, pursuant to the Transfer and Servicing Agreement, dated as of March 27, 20 2013 (the “Transfer and Servicing Agreement”), among the Transferor, the Servicer and the Trust. The Trust is governed pursuant to the Amended and Restated Master Trust Agreement, dated as of March 27, 2013 (the “Trust Agreement”), between among the Seller and [Owner Trustee]Transferor, Deutsche Bank Trust Company Delaware, as owner trustee (the “Owner Trustee”), and Xxxxx Fargo Bank, National Association, as certificate registrar, pursuant to which the Trust issued a certificate (the “Certificate” and, together with the Notes, the “Securities”). The assets GMF acts as administrator of the Trust will initially include a pool (in such capacity, the “Administrator”) pursuant to the Administration Agreement, dated as of retail installment sale contracts secured by new or used automobilesMarch 27, light duty trucks and vans 2013 (the “ReceivablesAdministration Agreement”) ), among the Trust, the Administrator and the Indenture Trustee. The Trust will provide for the review of the Receivables for compliance with the representations and warranties made about them in certain monies due thereunder on or after , 20 circumstances under an asset representations review agreement (the “Cutoff DateAsset Representations Review Agreement”) to be entered into by the Trust, the Servicer and [Asset Representations Reviewer] (the “Asset Representations Reviewer”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 A-2 Notes (the “Hedge Agreement”).]
Appears in 1 contract
Samples: Underwriting Agreement (GMF Floorplan Owner Revolving Trust)
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $123,000,000 Class A-1 0.31125% Asset Backed Notes (the “Class A-1 Notes”), $ $281,000,000 Class A-2[-A] A-2 0.77% Asset Backed Notes (the “Class A-2[-A] A-2 Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ $194,251,000 Class A-3 1.14% Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B A-2 Notes], the “Class A Notes”), $ $71,995,000 Class B 2.04% Asset Backed Notes (the “Class B Notes”), $ $93,361,000 Class C 3.34% Asset Backed Notes (the “Class C Notes”), $ ) and 86,393,000 Class D 4.98% Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - 2010-3 (the “Trust”) pursuant to an Indenture, to be dated as of September 20, 20 2010 (the “Indenture”), between the Trust and [Trustee] Xxxxx Fargo Bank, National Association (“[Trustee]Xxxxx Fargo”), a national banking association, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, togethercollectively, the “Securities”) pursuant to a trust agreement, dated as of August 24, 20 2010, as amended and restated as of September 20, 20 2010 (the “Trust Agreement”), between the Seller and [Owner Trustee]Wilmington Trust Company, as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after September 20, 20 2010 (the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Agreement”).]
Appears in 1 contract
Issuance and Sale of Notes. The Seller has authorized Transferor proposes to cause Issuer to issue and sell $73,303,000 (the issuance and sale of $ "Class A-1 Initial Principal Amount") of 5.28% Asset Class A-1 Lease-Backed Notes (the “"Class A-1 Notes”"), $ ; $19,242,000 (the "Class A-2[-A] A-2 Initial Principal Amount") of 5.78% Asset Class A-2 Lease-Backed Notes (the “"Class A-2[-A] A-2 Notes”"), [$ ; $90,935,000 (the "Class A-2A-3 Initial Principal Amount") of 5.60% Class A-3 Lease-B Floating Rate Asset Backed Notes (the “"Class A-2A-3 Notes"); $18,576,000 (the "Class A-4 Initial Principal Amount") of 5.75% Class A-4 Lease-Backed Notes (the "Class A-4 Notes"); $7,687,000 (the "Class B Notes” and, Initial Principal Amount"; together with the Class A-2-A NotesA-1 Initial Principal Amount, the “Class A-2 Notes”),] $ Initial Principal Amount, the Class A-3 Initial Principal Amount and the Class A-4 Initial Principal Amount, the "Initial Principal Amount") of 6.20% Asset Class B Lease-Backed Notes (the “"Class A-3 B Notes” and "; together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A A-2 Notes, the Class B A-3 Notes and the Class C A-4 Notes, the “Publicly Offered "Notes”") and $ Class E $6,589,000 of 6.73% Asset Lease-Backed Notes Certificates (the “Class E Notes”"Certificates"; and together with the Publicly Offered Notes, the “Notes”"Securities"). The Notes will be issued pursuant to an Indenture, dated as of September 1, 1998 (the "Indenture"), between Issuer and Norwest Bank Minnesota, National Association, a national banking association (the "Indenture Trustee"). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - more fully described in the Final Prospectus (the “Trust”) pursuant to an Indenture, to be dated as of , 20 (the “Indenture”), between the Trust and [Trustee] (“[Trustee]”defined below), a banking , as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”)copy of which Transferor is furnishing to Underwriters. In addition to the Notes, the Trust The Notes will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as evidence secured obligations of , 20 , as amended and restated as of , 20 (the “Trust Agreement”), between the Seller and [Owner Trustee], as owner trustee (the “Owner Trustee”)Issuer. The assets of the Trust Issuer will initially include a pool of retail installment sale contracts secured Leases and certain interests in the underlying Equipment. The Notes will be sold by new or used automobiles, light duty trucks and vans Transferor to the underwriters listed on Schedule A hereto (the “Receivables”"Underwriters") in accordance with the terms of this agreement. Simultaneously with the issuance and certain monies due thereunder on or after sale of the Notes as contemplated in this Agreement, 20 Transferor will sell the Certificates pursuant to a certificate purchase agreement dated as of the date hereof (the “Cutoff Date”). ["Certificate Purchase Agreement") among Transferor, ILC and Lehman Brothers Inc. The Trust will enter into an interest rate swap agreement with [Hedge Provider] (terms which follow, when usex xx xhis Agreement, shall have the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Agreement”).]meanings indicated:
Appears in 1 contract
Samples: Underwriting Agreement (Provident Lease Receivables Corp)
Issuance and Sale of Notes. The Seller Issuer has authorized the issuance of $________ of ___% Class E Lease-Backed Notes, $______ of ___% Class R-1 Lease Residual Backed Notes and sale $______ of $ ___% Class A-1 % Asset R-2 Lease Residual Backed Notes (collectively, the “"Class R Notes") Series 1998-A (the "Notes"). The Notes will be issued on August __, 1998 or such other date as we shall mutually agree upon (the "Closing Date") pursuant to an Indenture, dated as of August __, 1998 (the "Indenture"), between the Issuer and Manufacturers and Traders Trust Company (the "Trustee"). The Notes are more fully described in the Private Placement Memorandum (as defined below), a copy of which the Issuer is furnishing to you. The Notes will evidence secured debt obligations of the Issuer. The assets of the Issuer will include a pool of business and healthcare equipment lease contracts, including all payments due thereunder (the "Leases") and certain interests in the underlying equipment (the "Equipment"). The Issuer has also authorized the issuance of $________ aggregate principal amount of the Issuer's ___% Class A-1 Lease-Backed Notes, Series 1998-A (the "Class A-1 Notes”"), $ $_______ aggregate principal amount of the Issuer's ___% Class A-2[-A] % Asset A-2 Lease-Backed Notes Notes, Series 1998-A (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “"Class A-2 Notes”"),] $ , $___________ aggregate principal amount of the Issuer's ___% Class A-3 % Asset Lease-Backed Notes Notes, Series 1998-A (the “"Class A-3 Notes” and "), $________ aggregate principal amount of the Issuer's ___% Class A-4 Lease-Backed Notes, Series 1998-A (the "Class A-4 Notes"; together with the Class A-1 Notes, the Class A-2[-A] A-2 Notes [and the Class A-2-B A-3 Notes], the “"Class A Notes”), $ ") $________ of the ___% Class B % Asset Lease-Backed Notes Notes, Series 1998-A (the “"Class B Notes”), $ ") $_______ of the ___% Class C Lease-Backed Notes, Series 1998-A and $________ of the ___% Asset Class D Leased-Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Series 1998-A. The Class A Notes, Notes and the Class B Notes are being sold in a public offering and are not included in this private placement. A copy of the Class C NotesProspectus dated August __, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes 1998 (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”). The Notes are "Prospectus") relating to be issued by AmeriCredit Automobile Receivables Trust 20 - (the “Trust”) pursuant to an Indenture, to be dated as of , 20 (the “Indenture”), between the Trust and [Trustee] (“[Trustee]”), a banking , as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests such public offering is included in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of , 20 , as amended and restated as of , 20 (the “Trust Agreement”), between the Seller and [Owner Trustee], as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after , 20 (the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date Private Placement Memorandum (as defined below) to hedge ). Capitalized terms used and not defined herein shall have the floating interest rate on meanings specified in the Class A-3 Notes (the “Hedge Agreement”)Indenture.]
Appears in 1 contract
Samples: Placement Agent Agreement (Copelco Capital Funding Corp Xi)
Issuance and Sale of Notes. The Seller Issuer has authorized the issuance and sale of $ $171,000,000 of 2.044% Class A-1 % Asset Lease-Backed Notes Notes, Series 2002-1 (the “"Class A-1 Notes”"); $46,000,000 of 2.91% Class A-2 Lease-Backed Notes, $ Class A-2[-A] % Asset Backed Notes Series 2002-1 (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “"Class A-2 Notes”"),] $ ; $266,400,000 of 3.90% Class A-3 % Asset Lease-Backed Notes Notes, Series 2002-1 (the “"Class A-3 Notes” "); and $151,400,000 of 4.68% Class A-4 Lease-Backed Notes, Series 2002-1 (the "Class A-4 Notes"; together with the Class A-1 Notes, the Class A-2[-A] Notes [A-2 Notes, and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A A-3 Notes, the Class B "Notes"). The Notes and the Class C Noteswill be issued pursuant to an Indenture, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes dated as of May 1, 2002 (the “Class E Notes”; "Indenture"), among the Issuer, IOS Capital, as Servicer, and together with BNY Midwest Trust Company (the Publicly Offered Notes, the “Notes”"Trustee"). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - more fully described in the Final Prospectus (the “Trust”) pursuant to an Indenture, to be dated as of , 20 (the “Indenture”), between the Trust and [Trustee] (“[Trustee]”defined below), a banking , as indenture trustee (copy of which the “Trustee”) and as trust collateral agent (Issuer is furnishing to you. The Notes will evidence secured debt obligations of the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of , 20 , as amended and restated as of , 20 (the “Trust Agreement”), between the Seller and [Owner Trustee], as owner trustee (the “Owner Trustee”)Issuer. The assets of the Trust Issuer will initially include a pool of retail installment sale contracts secured by new or used automobilesprimarily office equipment lease contracts, light duty trucks and vans including certain payments due thereunder (the “Receivables”) "Leases"), and certain monies due thereunder on or after , 20 the Issuer's interest in the underlying equipment (the “Cutoff Date”"Equipment"). [The Trust Notes will enter into an interest rate swap agreement with [Hedge Provider] be entitled to the benefits of a financial guaranty insurance policy (the “Hedge Counterparty”"Policy") on issued by Ambac Assurance Corporation ("Ambac") in accordance with the Closing Date (as defined below) to hedge terms of an Insurance and Indemnity Agreement among Ambac, the floating interest rate on Issuer, the Class A-3 Notes Seller, IOS Capital and the Trustee (the “Hedge "Insurance Agreement”").]. Capitalized terms used and not defined herein shall have the meanings specified in the Indenture. The Notes will be sold by the Issuer to the Underwriters in the amounts set forth on Schedule A hereto. The terms which follow, when used in this Underwriting Agreement (this "Agreement"), shall have the meanings indicated:
Appears in 1 contract
Samples: Underwriting Agreement (Ikon Receivables Funding LLC)
Issuance and Sale of Notes. The Seller Sponsor has authorized the -------------------------- issuance and sale of $ $450,000,000 Class A-1 6.41% Asset Backed Notes, $192,000,000 Class A-2 6.79% Asset Backed Notes and $258,000,000 Class A-3 7.02% Asset Backed Notes (the “Class A-1 Notes”), $ Class A-2[-A] % Asset Backed Notes (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notescollectively, the “Class A-2 "Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”"). The Notes are to be issued by ----- AmeriCredit Automobile Receivables Trust 20 - 1999-D (the “"Trust”") pursuant to an ----- Indenture, to be dated as of October 25, 20 1999 (the “"Indenture”"), between the --------- Trust and [Trustee] (“[Trustee]”)Bank One, N.A., a national banking association, as indenture trustee (the “"Trustee”") and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the ------- Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “"Certificate”") (the Notes ----------- and the Certificate, togethercollectively, the “"Securities”") pursuant to a trust agreementTrust ---------- Agreement, dated as of October 12, 20 1999, as amended and restated as of October 25, 20 (the “Trust Agreement”)1999, between the Seller and [Owner Trustee]Bankers Trust (Delaware), as owner trustee (the “"Owner Trustee”"). The assets of the Trust will initially include a pool of ------------- retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “"Initial Receivables”") and certain monies due thereunder on ------------------- or after October 25, 1999 (the "Initial Cutoff Date"). Additional retail ------------------- installment sale contracts secured by new or used automobiles, light duty trucks and vans (the "Subsequent Receivables") and certain monies due thereunder on or ---------------------- after the applicable Subsequent Cutoff Date are intended to be purchased by the Trust from the Seller from time to time on or before the end of the Funding Period, 20 from funds available under the Pre-Funded Amount. The Initial Receivables and the Subsequent Receivables are hereinafter referred to as the "Receivables." ------------ The Notes will have the benefit of a note insurance policy (the “Cutoff Date”"Note ---- Insurance Policy"), issued by Financial Security Assurance Inc., a monoline ---------------- insurance corporation organized under the laws of New York (the "Note Insurer"). [The ------------ In connection with the issuance of the Note Insurance Policy (i) the Companies, CP Funding Corp. ("CP Funding"), the Trust and the Note Insurer will enter into ---------- execute and deliver an interest rate swap agreement with [Hedge Provider] Insurance Agreement dated as of October 25, 1999 (the “Hedge Counterparty”"Insurance Agreement") on and (ii) the Closing Date (Seller, the Underwriters and the Note -------------------- Insurer will execute and deliver an Indemnification Agreement dated as defined below) to hedge the floating interest rate on the Class A-3 Notes of October 25, 1999 (the “Hedge "Indemnification Agreement”").]. -------------------------
Appears in 1 contract
Samples: Underwriting Agreement (Americredit Financial Services Inc)
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ Class A-1 % Asset Backed Notes (the “Class A-1 Notes”), $ Class A-2[-A] % Asset Backed Notes (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - (the “Trust”) pursuant to an Indenture, to be dated as of , 20 (the “Indenture”), between the Trust and [Trustee] (“[Trustee]”), a banking , as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of , 20 , as amended and restated as of , 20 (the “Trust Agreement”), between the Seller and [Owner Trustee], as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after , 20 (the “Cutoff Date”). The Trust will provide for the review of the Receivables for compliance with the representations and warranties made about them in certain circumstances under an asset representations review agreement (the “Asset Representations Review Agreement”) to be entered into by the Trust, AmeriCredit Financial Services, Inc., as servicer, and [Asset Representations Reviewer] (the “Asset Representations Reviewer”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 A-2-B Notes (the “Hedge Agreement”).]
Appears in 1 contract
Issuance and Sale of Notes. The Seller Sponsor has authorized the issuance and sale of $ $200,000,000 Class A-1 5.5325% Asset Backed Notes (the “Notes, $515,000,000 Class A-1 Notes”), $ Class A-2[-A] A-2 5.3600% Asset Backed Notes, $214,000,000 Class A-3 Floating Rate Asset Backed Notes (the “and $471,000,000 Class A-2[-A] Notes”), [$ Class A-2-B A-4 Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notescollectively, the “Class A-2 Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”"NOTES"). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - 2001-A (the “Trust”"TRUST") pursuant to an Indenture, to be dated as of January 25, 20 2001 (the “Indenture”"INDENTURE"), between the Trust and [Trustee] (“[Trustee]”)The Chase Manhattan Bank, a New York banking corporation, as indenture trustee (the “Trustee”"TRUSTEE") and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”"CERTIFICATE") (the Notes and the Certificate, togethercollectively, the “Securities”"SECURITIES") pursuant to a trust agreementTrust Agreement, dated as of January 9, 20 2001, as amended and restated as of January 25, 20 (the “Trust Agreement”), 2001 between the Seller and [Owner Trustee]Bankers Trust (Delaware), as owner trustee (the “Owner Trustee”"OWNER TRUSTEE"). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”"INITIAL RECEIVABLES") and certain monies due thereunder on or after January 25, 20 2001 (the “Cutoff Date”"INITIAL CUTOFF DATE"). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] Additional retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Hedge Counterparty”"SUBSEQUENT RECEIVABLES") and certain monies due thereunder on or after the Closing applicable Subsequent Cutoff Date (are intended to be purchased by the Trust from the Seller from time to time on or before the end of the Funding Period, from funds available under the Pre-Funded Amount. The Initial Receivables and the Subsequent Receivables are hereinafter referred to as defined below) to hedge the floating interest rate on "Receivables." The Notes will have the Class A-3 Notes benefit of a note insurance policy (the “Hedge Agreement”"NOTE INSURANCE POLICY"), issued by Financial Security Assurance Inc., a monoline insurance corporation organized under the laws of New York (the "NOTE INSURER"). In connection with the issuance of the Note Insurance Policy (i) the Companies, the Trust and the Note Insurer will execute and deliver an Insurance Agreement dated as of January 25, 2001 (the "INSURANCE AGREEMENT") and (ii) the Seller, the Underwriters and the Note Insurer will execute and deliver an Indemnification Agreement dated as of January 25, 2001 (the "INDEMNIFICATION AGREEMENT").]
Appears in 1 contract
Samples: Underwriting Agreement (Americredit Financial Services Inc)
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ Class A-1 % Asset Backed Notes (the “Class A-1 Notes”), $ Class A-2[-A] A-2 % Asset Backed Notes (the “Class A-2[-A] A-2 Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B A-2 Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 201 - (the “Trust”) pursuant to an Indenture, to be dated as of , 20 201 (the “Indenture”), between the Trust and [Trustee] (“[Trustee]”), a banking , as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, togethercollectively, the “Securities”) pursuant to a trust agreement, dated as of , 20 201 , as amended and restated as of , 20 201 (the “Trust Agreement”), between the Seller and [Owner Trustee], as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after , 20 201 (the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Swap Provider] (the “Hedge Swap Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Swap Agreement”).]
Appears in 1 contract
Issuance and Sale of Notes. The Seller Sponsor has authorized -------------------------- the issuance and sale of $ $120,000,000 Class A-1 5.638% Asset Backed Notes (the “Notes, $190,000,000 Class A-1 A-2 Floating Rate Asset Backed Notes”), $ $107,000,000 Class A-2[-A] % A-3 Floating Rate Asset Backed Notes (the “and $158,000,000 Class A-2[-A] Notes”), [$ Class A-2-B A-4 Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notescollectively, the “Class A-2 "Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”"). The Notes are to be issued by ----- AmeriCredit Automobile Receivables Trust 20 - 1998-C (the “"Trust”") pursuant to an ----- Indenture, to be dated as of August 10, 20 1998 (the “"Indenture”"), between the --------- Trust and [Trustee] (“[Trustee]”)Bank One, N.A., a national banking association, as indenture trustee (the “"Trustee”") and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the ------- Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “"Certificate”") (the Notes ----------- and the Certificate, togethercollectively, the “"Securities”") pursuant to a trust agreementTrust ---------- Agreement, to be dated as of August 10, 20 , as amended and restated as of , 20 (the “Trust Agreement”)1998, between the Seller and [Owner Trustee]Bankers Trust (Delaware), as owner trustee (the “"Owner Trustee”"). The assets of the ------------- Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “"Initial ------- Receivables”") and certain monies due thereunder on or after August 10, 20 1998 (the “"Initial Cutoff Date”"). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] Additional retail installment sale contracts secured by ------------------- new or used automobiles, light duty trucks and vans (the “Hedge Counterparty”"Subsequent ---------- Receivables") and certain monies due thereunder on or after the Closing applicable Subsequent Cutoff Date (are intended to be purchased by the Trust from the Seller from time to time on or before the end of the Funding Period, from funds available under the Pre-Funded Amount. The Initial Receivables and the Subsequent Receivables are hereinafter referred to as defined below) to hedge the floating interest rate on "Receivables." ----------- The Notes will have the Class A-3 Notes benefit of a note insurance policy (the “Hedge "Note ---- Insurance Policy"), issued by Financial Security Assurance Inc., a monoline ---------------- insurance corporation organized under the laws of New York (the "Note Insurer"). ------------ In connection with the issuance of the Note Insurance Policy (i) the Companies, CP Funding Corp. ("CP Funding"), the Trust and the Note Insurer will execute and deliver an Insurance Agreement dated as of August 10, 1998 (the "Insurance Agreement”") and (ii) the Seller, the Underwriters and the Note -------------------- Insurer will execute and deliver an Indemnification Agreement dated as of August 10, 1998 (the "Indemnification Agreement").]. -------------------------
Appears in 1 contract
Samples: Underwriting Agreement (Americredit Financial Services Inc)
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $198,200,000 Class A-1 0.27681% Asset Backed Notes (the “Class A-1 Notes”), $ $332,000,000 Class A-2[-A] A-2 0.84% Asset Backed Notes (the “Class A-2[-A] A-2 Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ $178,556,000 Class A-3 1.17% Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B A-2 Notes], the “Class A Notes”), $ $76,923,000 Class B 2.28% Asset Backed Notes (the “Class B Notes”), $ $95,491,000 Class C 2.86% Asset Backed Notes (the “Class C Notes”), $ $93,899,000 Class D 4.04% Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ $24,931,000 Class E 5.76% Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - 2011-3 (the “Trust”) pursuant to an Indenture, to be dated as of June 2, 20 2011 (the “Indenture”), between the Trust and [Trustee] Xxxxx Fargo Bank, National Association (“[Trustee]Xxxxx Fargo”), a national banking association, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of May 20, 20 2011, as amended and restated as of June 2, 20 2011 (the “Trust Agreement”), between the Seller and [Owner Trustee]Wilmington Trust Company, as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after June 2, 20 2011 (the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Agreement”).]
Appears in 1 contract
Samples: Underwriting Agreement (AmeriCredit Automobile Receivables Trust 2011-3)
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ Class A-1 % Asset Backed Notes (the “Class A-1 Notes”), $ Class A-2[-A] A-2 % Asset Backed Notes (the “Class A-2[-A] A-2 Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B A-2 Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 201 - (the “Trust”) pursuant to an Indenture, to be dated as of , 20 201 (the “Indenture”), between the Trust and [Trustee] (“[Trustee]”), a banking , as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, togethercollectively, the “Securities”) pursuant to a trust agreement, dated as of , 20 201 , as amended and restated as of , 20 201 (the “Trust Agreement”), between the Seller and [Owner Trustee], as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after , 20 201 (the “Cutoff Date”). [The Notes will have the benefit of a financial guaranty insurance policy (the “Note Insurance Policy”), issued by [Insurer], a [State] financial guaranty insurance company (the “Note Insurer”). In connection with the issuance of the Note Insurance Policy (i) the Note Insurer, the Companies, the Trust and General Motors Financial Company, Inc., a corporation organized and existing under the laws of Texas (“GM Financial”) will execute and deliver an insurance and indemnity agreement, dated as of , 201 (the “Insurance Agreement”), (ii) the Seller, the Representative (as defined below) and the Note Insurer will execute and deliver an indemnification agreement, dated as of , 201 (the “Indemnification Agreement”), (iii) the Seller, the Note Insurer, the Trust, the Trust Collateral Agent and GM Financial will execute and deliver a premium letter, dated as of , 201 (the “Premium Letter”), and (iv) the Trust, the Trustee, the Trust Collateral Agent, and the Note Insurer will execute and deliver a spread account agreement dated as of , 201 (the “Spread Account Agreement”).] [The Trust will enter into an interest rate swap agreement with [Hedge Swap Provider] (the “Hedge Swap Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Swap Agreement”).]
Appears in 1 contract
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $147,300,000 Class A-1 0.43326% Asset Backed Notes (the “Class A-1 Notes”), $ $344,600,000 Class A-2[-A] A-2 1.19% Asset Backed Notes (the “Class A-2[-A] A-2 Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ $145,983,000 Class A-3 1.55% Asset Backed Notes (the “Class A-3 Notes” and and, together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B A-2 Notes], the “Class A Notes”), $ $69,231,000 Class B 2.45% Asset Backed Notes (the “Class B Notes”), $ $85,943,000 Class C 3.44% Asset Backed Notes (the “Class C Notes”), $ $84,510,000 Class D 5.05% Asset Backed Notes (the “Class D Notes”; and ” and, together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ $22,433,000 Class E 6.76% Asset Backed Notes (the “Class E Notes”; and ” and, together with the Publicly Offered Notes, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - 2011-5 (the “Trust”) pursuant to an Indenture, to be dated as of October 26, 20 2011 (the “Indenture”), between the Trust and [Trustee] Xxxxx Fargo Bank, National Association (“[Trustee]Xxxxx Fargo”), a national banking association, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of October 4, 20 2011, as amended and restated as of October 26, 20 2011 (the “Trust Agreement”), between the Seller and [Owner Trustee]Wilmington Trust Company, as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after October 26, 20 2011 (the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Agreement”).]
Appears in 1 contract
Samples: Underwriting Agreement (Americredit Automobile Receivables Trust 2011-5)
Issuance and Sale of Notes. The Seller Issuer has authorized the issuance and sale of $ -------------------------- $168,000,000 of 3.73375% Class A-1 % Asset Lease-Backed Notes Notes, Series 2001-1 (the “"Class A-1 Notes”"); $41,000,000 of 4.16% Class A-2 Lease-Backed Notes, $ Class A-2[-A] % Asset Backed Notes Series 2001-1 (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “"Class A-2 Notes”"),] $ ; $260,000,000 of Class A-3 % Asset Lease-Backed Notes Notes, Series 2001-1 (the “"Class A-3 Notes” "); and $126,200,000 of Class A-4 Lease-Backed Notes, Series 2001-1 (the "Class A-4 Notes"; together with the Class A-1 Notes, the Class A-2[-A] Notes [A-2 Notes, and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A A-3 Notes, the Class B "Notes"). The Notes and the Class C Noteswill be issued pursuant to an Indenture, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes dated as of June 1, 2001 (the “Class E Notes”; "Indenture"), among the Issuer, IOS Capital, as Servicer, and together with SunTrust Bank (the Publicly Offered Notes, the “Notes”"Trustee"). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - more fully described in the Final Prospectus (the “Trust”) pursuant to an Indenture, to be dated as of , 20 (the “Indenture”), between the Trust and [Trustee] (“[Trustee]”defined below), a banking , as indenture trustee (copy of which the “Trustee”) and as trust collateral agent (Issuer is furnishing to you. The Notes will evidence secured debt obligations of the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of , 20 , as amended and restated as of , 20 (the “Trust Agreement”), between the Seller and [Owner Trustee], as owner trustee (the “Owner Trustee”)Issuer. The assets of the Trust Issuer will initially include a pool of retail installment sale contracts secured by new or used automobilesprimarily office equipment lease contracts, light duty trucks and vans including certain payments due thereunder (the “Receivables”) "Leases"), and certain monies due thereunder on or after , 20 the Issuer's interest in the underlying equipment (the “Cutoff Date”"Equipment"). [The Trust Notes will enter into an interest rate swap agreement with [Hedge Provider] be entitled to the benefits of a financial guaranty insurance policy (the “Hedge Counterparty”"Policy") on issued by Ambac Assurance Corporation ("Ambac") in accordance with the Closing Date (as defined below) to hedge terms of an Insurance and Indemnity Agreement among Ambac, the floating interest rate on Issuer, the Class A-3 Notes Seller, IOS Capital and the Trustee (the “Hedge "Insurance Agreement”").]. Capitalized terms used and not defined herein shall have the meanings specified in the Indenture. The Notes will be sold by the Issuer to the Underwriters in the amounts set forth on Schedule A hereto. The terms which follow, when used in this Underwriting Agreement (this "Agreement"), shall have the meanings indicated:
Appears in 1 contract
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $241,400,000 Class A-1 0.30000% Asset Backed Notes (the “Class A-1 Notes”), $ $372,400,000 Class A-2[-A] A-2 0.76% Asset Backed Notes (the “Class A-2[-A] A-2 Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ $165,820,000 Class A-3 1.05% Asset Backed Notes (the “Class A-3 Notes” and and, together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B A-2 Notes], the “Class A Notes”), $ $84,620,000 Class B 1.78% Asset Backed Notes (the “Class B Notes”), $ $105,040,000 Class C 2.64% Asset Backed Notes (the “Class C Notes”), $ $103,290,000 Class D 3.38% Asset Backed Notes (the “Class D Notes”; and ” and, together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ $27,430,000 Class E 4.85% Asset Backed Notes (the “Class E Notes”; and ” and, together with the Publicly Offered Notes, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - 2012-2 (the “Trust”) pursuant to an Indenture, to be dated as of April 12, 20 2012 (the “Indenture”), between the Trust and [Trustee] Xxxxx Fargo Bank, National Association (“[Trustee]Xxxxx Fargo”), a national banking association, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of March 20, 20 2012, as amended and restated as of April 12, 20 2012 (the “Trust Agreement”), between the Seller and [Owner Trustee]Wilmington Trust Company, as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after April 12, 20 2012 (the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Agreement”).]
Appears in 1 contract
Samples: Underwriting Agreement (Americredit Automobile Receivables Trust 2012-2)
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $105,790,000 Class A-1 0.12505% Asset Backed Notes (the “Class A-1 Notes”), $ $330,000,000 Class A-2[-A] A-2 0.27% Asset Backed Notes (the “Class A-2[-A] A-2 Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ $137,620,000 Class A-3 0.30% Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ $173,200,000 Class B 0.57% Asset Backed Notes (the “Class B Notes”), $ $186,810,000 Class C 0.98% Asset Backed Notes (the “Class C Notes”), $ $196,710,000 Class D 1.40% Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ $69,900,000 Class E 2.90% Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class B Notes, the Class C Notes, the Class D Notes and the Class E Notes, the “Notes”). The Seller proposes to sell to the Underwriters named in Schedule I hereto (the “Underwriters”) the Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class B Notes, the Class C Notes and the Class D Notes (collectively, the “Offered Notes”). The Notes are to be issued by AmeriCredit Exeter Automobile Receivables Trust 20 - 2021-2 (the “Trust”) pursuant to an Indenture, to be dated as of April 30, 20 2021 (the “Indenture”), between among the Trust, Exeter Holdings Trust 2021-2 (the “Holding Trust”), and [Trustee] Xxxxx Fargo Bank, National Association (“[Trustee]Xxxxx Fargo Bank”), a national banking association, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate Certificates representing the beneficial ownership interests in the Trust (the “CertificateCertificates”) (the Notes and the CertificateCertificates, together, the “Securities”) pursuant to a trust agreement, dated as of February 1, 20 2021, as amended and restated as of April 30, 20 2021 (the “Trust Agreement”), between the Seller and [Owner Trustee]Wilmington Trust Company (“WTC”), as owner trustee (the “Owner Trustee”). The assets of the Trust will include, among other things, a certificate (the “Holding Certificate”) representing the entire beneficial interest in the Holding Trust, the assets of which will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks trucks, minivans and vans sport utility vehicles (the “Receivables”) and certain monies due thereunder on or after April 30, 20 2021 (the “Cutoff Date”). [The Holding Certificate will be issued pursuant to an Amended and Restated Trust will enter into an interest rate swap agreement with [Hedge Provider] Agreement dated as of April 30, 2021 (the “Hedge CounterpartyHolding Trust Agreement”) on ), between the Closing Date (Trust, as defined below) to hedge seller, and the floating interest rate on the Class A-3 Notes Owner Trustee, as holding trustee (the “Hedge AgreementHolding Trustee”).]
Appears in 1 contract
Samples: Underwriting Agreement (Exeter Automobile Receivables Trust 2021-2)
Issuance and Sale of Notes. The Seller Issuer has authorized the issuance of $___________ of ____% Class E Lease-Backed Notes, $___________ of ____% Class R-1 Lease Residual Backed Notes and sale $___________ of $ ____% Class A-1 % Asset R-2 Lease Residual Backed Notes (collectively, the “"Class R Notes") Series 1998-A (the "Notes"). The Notes will be issued on __________, 1999 or such other date as we shall mutually agree upon (the "Closing Date") pursuant to an Indenture, dated as of March 1, 1999 (the "Indenture"), between the Issuer, Manufacturers and Traders Trust Company (the "Trustee") and Copelco, as servicer. The Notes are more fully described in the Private Placement Memorandum (as defined below), a copy of which the Issuer is furnishing to you. The Notes will evidence secured debt obligations of the Issuer. The assets of the Issuer will include a pool of business, manufacturing and healthcare equipment lease contracts, including all payments due thereunder (the "Leases") and certain interests in the underlying equipment (the "Equipment"). The Issuer has also authorized the issuance of $___________ aggregate principal amount of the Issuer's _____% Class A-1 Lease-Backed Notes, Series 1999-A (the "Class A-1 Notes”"), $ $__________ aggregate principal amount of the Issuer's ____% Class A-2[-A] % Asset A-2 Lease-Backed Notes Notes, Series 1999-A (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “"Class A-2 Notes”"),] $ , $___________ aggregate principal amount of the Issuer's ____% Class A-3 % Asset Lease-Backed Notes Notes, Series 1999-A (the “"Class A-3 Notes” and "), $___________ aggregate principal amount of the Issuer's ____% Class A-4 Lease-Backed Notes, Series 1999-A (the "Class A-4 Notes"; together with the Class A-1 Notes, the Class A-2[-A] A-2 Notes [and the Class A-2-B A-3 Notes], the “"Class A Notes”), $ ") $___________ of the ____% Class B % Asset 2 Lease-Backed Notes Notes, Series 1999-A (the “"Class B Notes”), $ ") $___________ of the ____% Class C % Asset Lease-Backed Notes Notes, Series 1999-A (the “"Class C Notes”), $ ") and $___________ of the ____% Class D % Asset Leased-Backed Notes Series 1999-A (the “"Class D Notes”; and together with the "). The Class A Notes, the Class B Notes, the Class C Notes and the Class C Notes, D Notes are being sold in a public offering and are not included in this private placement. A copy of the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes Prospectus dated ___________ (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”). The Notes are "Prospectus") relating to be issued by AmeriCredit Automobile Receivables Trust 20 - (the “Trust”) pursuant to an Indenture, to be dated as of , 20 (the “Indenture”), between the Trust and [Trustee] (“[Trustee]”), a banking , as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests such public offering is included in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of , 20 , as amended and restated as of , 20 (the “Trust Agreement”), between the Seller and [Owner Trustee], as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after , 20 (the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date Private Placement Memorandum (as defined below) to hedge ). Capitalized terms used and not defined herein shall have the floating interest rate on meanings specified in the Class A-3 Notes (the “Hedge Agreement”)Indenture.]
Appears in 1 contract
Samples: Placement Agent Agreement (Copelco Capital Funding LLC 99-1)
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $204,900,000 Class A-1 0.44685% Asset Backed Notes (the “Class A-1 Notes”), $ $366,700,000 Class A-2[-A] A-2 0.91% Asset Backed Notes (the “Class A-2[-A] A-2 Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ $137,159,000 Class A-3 1.23% Asset Backed Notes (the “Class A-3 Notes” and and, together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B A-2 Notes], the “Class A Notes”), $ $76,923,000 Class B 1.73% Asset Backed Notes (the “Class B Notes”), $ $95,492,000 Class C 2.67% Asset Backed Notes (the “Class C Notes”), $ $93,900,000 Class D 4.72% Asset Backed Notes (the “Class D Notes”; and ” and, together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ $24,926,000 Class E 5.94% Asset Backed Notes (the “Class E Notes”; and ” and, together with the Publicly Offered Notes, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - 2012-1 (the “Trust”) pursuant to an Indenture, to be dated as of February 2, 20 2012 (the “Indenture”), between the Trust and [Trustee] Xxxxx Fargo Bank, National Association (“[Trustee]Xxxxx Fargo”), a national banking association, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of January 18, 20 2012, as amended and restated as of February 2, 20 2012 (the “Trust Agreement”), between the Seller and [Owner Trustee]Wilmington Trust Company, as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after February 2, 20 2012 (the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Agreement”).]
Appears in 1 contract
Samples: Underwriting Agreement (Americredit Automobile Receivables Trust 2012-1)
Issuance and Sale of Notes. The Seller Issuer has authorized the issuance of $__________ of _____% Class E Lease-Backed Notes, Series 1999-B (the "Class E Notes"), $__________ of _____% Class R-1 Lease Residual Backed Notes, Series 1999-B (the "Class R-1 Notes") and sale $__________ of $ _____% Class R-2 Lease Residual Backed Notes, Series 1999-B (the "Class R-2 Notes;" collectively with the Class R-1 Notes, the "Class R Notes;" and collectively with the Class E Notes, the "Notes"). The Notes will be issued on September __, 1999 or such other date as we shall mutually agree upon (the "Closing Date") pursuant to an Indenture, dated as of September 1, 1999 (the "Indenture"), among the Issuer, Manufacturers and Traders Trust Company (the "Trustee") and Copelco, as servicer. The Notes are more fully described in the Private Placement Memorandum (as defined below), a copy of which the Issuer is furnishing to you. The Notes will evidence secured debt obligations of the Issuer. The assets of the Issuer will include a pool of business, manufacturing and healthcare equipment lease contracts, including all payments due thereunder (the "Leases") and certain interests in the underlying equipment (the "Equipment"). The Issuer has also authorized the issuance of $___________ aggregate principal amount of the Issuer's _____% Class A-1 % Asset Lease-Backed Notes Notes, Series 1999-B (the “"Class A-1 Notes”"), $ $___________ aggregate principal amount of the Issuer's _____% Class A-2[-A] % Asset A-2 Lease-Backed Notes Notes, Series 1999-B (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “"Class A-2 Notes”"),] $ , $___________ aggregate principal amount of the Issuer's _____% Class A-3 % Asset Lease-Backed Notes Notes, Series 1999-B (the “"Class A-3 Notes” and "), $___________aggregate principal amount of the Issuer's _____% Class A-4 Lease-Backed Notes, Series 1999-B (the "Class A-4 Notes," together with the Class A-1 Notes, the Class A-2[-A] A-2 Notes [and the Class A-2-B A-3 Notes], the “"Class A Notes”"), $ $__________ of the _____% Class B % Asset Lease-Backed Notes Notes, Series 1999-B (the “"Class B Notes”"), $ $__________ of the _____% Class C % Asset Lease-Backed Notes Notes, Series 1999-B (the “"Class C Notes”), $ ") and $__________ of the _____% Class D % Asset Lease-Backed Notes (the “Class D Notes”; and together with the , Series 1999-B. The Class A Notes, the Class B Notes, the Class C Notes and the Class C NotesD Notes are being sold in a public offering and are not included in this private placement. A copy of the Prospectus dated September __, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes 1999 (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”). The Notes are "Prospectus") relating to be issued such public offering is incorporated by AmeriCredit Automobile Receivables Trust 20 - (the “Trust”) pursuant to an Indenture, to be dated as of , 20 (the “Indenture”), between the Trust and [Trustee] (“[Trustee]”), a banking , as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests reference in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of , 20 , as amended and restated as of , 20 (the “Trust Agreement”), between the Seller and [Owner Trustee], as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after , 20 (the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date Private Placement Memorandum (as defined below) to hedge ). Capitalized terms used and not defined herein shall have the floating interest rate on meanings specified in the Class A-3 Notes (the “Hedge Agreement”)Indenture.]
Appears in 1 contract
Samples: Placement Agent Agreement (Copelco Capital Funding LLC 99-B)
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $[_] Class A-1 [_]% Asset Backed Notes (the “Class A-1 Notes”), $ $[_] Class A-2[-A] [_]% Asset Backed Notes (the “Class A-2[-A] Notes”), [$ $[_] Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ $[_] Class A-3 [_]% Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ $[_] Class B [_]% Asset Backed Notes (the “Class B Notes”), $ $[_] Class C [_]% Asset Backed Notes (the “Class C Notes”), $ $[_] Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ $[_] Class E [_]% Asset Backed Notes (the “Class E Notes”; and ” and, together with the Publicly Offered Class A-1 Notes, the Class A-2[-A] Notes, [the Class A-2-B Notes,] the Class A-3 Notes, the Class B Notes, the Class C Notes and the Class D Notes, the “Notes”). The Seller proposes to sell to the Underwriters named in Schedule I hereto (the “Underwriters”) $[_] Class A-1 Notes, $[_] Class A-2[-A] Notes, [$[_] Class A-2-B Notes,] $[_] Class B Notes, $[_] Class C Notes and $[_] Class D Notes (collectively, the “Offered Notes”). The Notes are to be issued by AmeriCredit Exeter Automobile Receivables Trust 20 - 20[_]-[_] (the “Trust”) pursuant to an Indenture, to be dated as of [___], 20 20[_] (the “Indenture”), between among the Trust, Exeter Holdings Trust 20[_]-[_] (the “Holding Trust”) and [Indenture Trustee] (“[Insert Name of Trustee]”), a _________ banking _________, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests Certificates in the Trust aggregate notional amount of $[___] (the “CertificateCertificates”) (the Notes and the CertificateCertificates, together, the “Securities”) pursuant to a trust agreement, dated as of [___], 20 20[_] , as amended and restated as of [___], 20 20[_] (the “Trust Agreement”), between the Seller and [Owner Trustee], as owner trustee (the “Owner Trustee”). The assets of the Trust will include, among other things, a certificate (the “Holding Certificate”) representing the entire beneficial interest in the Holding Trust, the assets of which will initially include a pool of retail installment sale contracts and auto loan agreements secured by new or used automobiles, light duty trucks trucks, minivans and vans sport utility vehicles (the “Receivables”) and certain monies due thereunder on or after [___], 20 20[_] (the “Cutoff Date”). The Holding Certificate will be issued pursuant to an Amended and Restated Trust Agreement dated on or about [___], 20[_] (the “Holding Trust Agreement”), between the Trust, as seller, and the Owner Trustee, as holding trustee (the “Holding Trustee”). [The Trust will enter into an interest rate swap [swap][cap] agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 A-2-B Notes (the “Hedge Agreement”).]
Appears in 1 contract
Samples: Underwriting Agreement (Efcar, LLC)
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ Class A-1 % Asset Backed Notes (the “Class A-1 Notes”), $ Class A-2[-A] % Asset Backed Notes (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”). The Notes are to be issued by AmeriCredit Exeter Automobile Receivables Trust 20 - (the “Trust”) pursuant to an Indenture, to be dated as of , 20 (the “Indenture”), between the Trust and [Trustee] (“[Trustee]”), a banking , as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of , 20 , as amended and restated as of , 20 (the “Trust Agreement”), between the Seller and [Owner Trustee], as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks trucks, minivans and vans sport utility vehicles (the “Receivables”) and certain monies due thereunder on or after , 20 (the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 A-2-B Notes (the “Hedge Agreement”).]
Appears in 1 contract
Samples: Underwriting Agreement (Efcar, LLC)
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $184,000,000 Class A-1 0.24000% Asset Backed Notes (the “Class A-1 Notes”), $ $313,600,000 Class A-2[-A] A-2 0.49% Asset Backed Notes (the “Class A-2[-A] A-2 Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ $212,690,000 Class A-3 0.61% Asset Backed Notes (the “Class A-3 Notes” and and, together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B A-2 Notes], the “Class A Notes”), $ $76,520,000 Class B 1.07% Asset Backed Notes (the “Class B Notes”), $ $94,980,000 Class C 1.57% Asset Backed Notes (the “Class C Notes”), $ $93,410,000 Class D 2.09% Asset Backed Notes (the “Class D Notes”; and ” and, together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ $24,800,000 Class E 2.64% Asset Backed Notes (the “Class E Notes”; and ” and, together with the Publicly Offered Notes, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - 2013-1 (the “Trust”) pursuant to an Indenture, to be dated as of January 16, 20 2013 (the “Indenture”), between the Trust and [Trustee] The Bank of New York Mellon (“[Trustee]BNYM”), a New York banking corporation, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of December 10, 20 2012, as amended and restated as of January 16, 20 2013, (the “Trust Agreement”), between the Seller and [Owner Trustee]Wilmington Trust Company, as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after January 16, 20 2013 (the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Agreement”).]
Appears in 1 contract
Samples: Underwriting Agreement (AmeriCredit Automobile Receivables Trust 2013-1)
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $68,000,000 Class A-1 0.21832% Asset Backed Notes (the “Class A-1 Notes”), $ Notes”),$161,400,000 Class A-2[-A] A-2 0.46% Asset Backed Notes (the “Class A-2[-A] A-2 Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ $88,050,000 Class A-3 0.52% Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ $92,120,000 Class B 0.79% Asset Backed Notes (the “Class B Notes”), $ $106,290,000 Class C 1.32% Asset Backed Notes (the “Class C Notes”), $ $68,020,000 Class D 1.73% Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes), the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ $69,450,000 Class E 3.44% Asset Backed Notes (the “Class E Notes”) and $28,340,000 Class F 5.56% Asset Backed Notes (the “Class F Notes”; and together with the Publicly Offered Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class B Notes, the Class C Notes, the Class D Notes and the Class E Notes, the “Notes”). The Seller proposes to sell to the Underwriters named in Schedule I hereto (the “Underwriters”) the Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class B Notes, the Class C Notes and the Class D Notes (collectively, the “Offered Notes”). The Notes are to be issued by AmeriCredit Exeter Automobile Receivables Trust 20 - 2020-3 (the “Trust”) pursuant to an Indenture, to be dated as of August 31, 20 2020 (the “Indenture”), between among the Trust, Exeter Holdings Trust 2020-3 (the “Holding Trust”), and [Trustee] Xxxxx Fargo Bank, National Association (“[Trustee]Xxxxx Fargo Bank”), a national banking association, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate Certificates representing the beneficial ownership interests in the Trust (the “CertificateCertificates”) (the Notes and the CertificateCertificates, together, the “Securities”) pursuant to a trust agreement, dated as of March 3, 20 2020, as amended and restated as of August 31, 20 2020 (the “Trust Agreement”), between the Seller and [Owner Trustee]Wilmington Trust Company (“WTC”), as owner trustee (the “Owner Trustee”). The assets of the Trust will include, among other things, a certificate (the “Holding Certificate”) representing the entire beneficial interest in the Holding Trust, the assets of which will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks trucks, minivans and vans sport utility vehicles (the “Receivables”) and certain monies due thereunder on or after August 31, 20 2020 (the “Cutoff Date”). [The Holding Certificate will be issued pursuant to an Amended and Restated Trust will enter into an interest rate swap agreement with [Hedge Provider] Agreement dated as of August 31, 2020 (the “Hedge CounterpartyHolding Trust Agreement”) on ), between the Closing Date (Trust, as defined below) to hedge seller, and the floating interest rate on the Class A-3 Notes Owner Trustee, as holding trustee (the “Hedge AgreementHolding Trustee”).]
Appears in 1 contract
Samples: Underwriting Agreement (Exeter Automobile Receivables Trust 2020-3)
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $264,500,000 Class A-1 0.36138% Asset Backed Notes (the “Class A-1 Notes”), $ $384,000,000 Class A-2[-A] A-2 0.71% Asset Backed Notes (the “Class A-2[-A] A-2 Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ $203,846,000 Class A-3 0.96% Asset Backed Notes (the “Class A-3 Notes” and and, together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B A-2 Notes], the “Class A Notes”), $ $91,821,000 Class B 1.59% Asset Backed Notes (the “Class B Notes”), $ $113,986,000 Class C 2.42% Asset Backed Notes (the “Class C Notes”), $ $112,085,000 Class D 3.03% Asset Backed Notes (the “Class D Notes”; and ” and, together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ $29,762,000 Class E 4.46% Asset Backed Notes (the “Class E Notes”; and ” and, together with the Publicly Offered Notes, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - 2012-3 (the “Trust”) pursuant to an Indenture, to be dated as of June 6, 20 2012 (the “Indenture”), between the Trust and [Trustee] Xxxxx Fargo Bank, National Association (“[Trustee]Xxxxx Fargo”), a national banking association, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of May 14, 20 2012, as amended and restated as of June 6, 20 2012 (the “Trust Agreement”), between the Seller and [Owner Trustee]Wilmington Trust Company, as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after June 6, 20 2012 (the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Agreement”).]
Appears in 1 contract
Samples: Underwriting Agreement (AmeriCredit Automobile Receivables Trust 2012-3)
Issuance and Sale of Notes. The Seller Sponsor has authorized the issuance and sale of $ $_________ Class A-1 __% Asset Backed Notes, $_________ Class A-2 __% Asset Backed Notes, $_________ Class A-3 __% Asset Backed Notes, [Class A-4 ____% Asset Backed Notes][, $_________ Class B __% Asset Backed Notes, $_________ Class C __% Asset Backed Notes (the “and $_________ Class A-1 Notes”), $ Class A-2[-A] D __% Asset Backed Notes Notes] (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notescollectively, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - 200_-_ (the “Trust”) pursuant to an Indenture, to be dated as of _______, 20 200_ (the “Indenture”), between the Trust and [Indenture Trustee] (“[Indenture Trustee]”), a banking [entity type], as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue [a $_________ Class E Notes (the “Class E Notes”) issued pursuant to the Indenture and] an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes Notes[, the Class E Notes] and the Certificate, togethercollectively, the “Securities”) pursuant to a trust agreementTrust Agreement, dated as of _______, 20 200_, as amended and restated as of _______, 20 (the “Trust Agreement”)200_, between the Seller and [Owner Trustee], as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after _______, 20 200_ (the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Agreement”).]
Appears in 1 contract
Issuance and Sale of Notes. The Seller Sponsor has authorized the issuance and sale of $ $____________ Class A-1 A ___% Asset Backed Notes (the “Class A-1 "Notes”), $ Class A-2[-A] % Asset Backed Notes (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”"). The Notes are to be issued by AmeriCredit Automobile Long Beach Acceptance Auto Receivables Trust 20 - 20__-_ (the “"Trust”") pursuant to an Indenture, to be dated as of _____________, 20 20__ (the “"Indenture”"), between the Trust and [Trustee] (“[TrusteeName of indenture trustee]”), a banking ________________, as indenture trustee (the “"Trustee”") and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “"Certificate”") (the Notes and the Certificate, togethercollectively, the “"Securities”") pursuant to a trust agreementTrust Agreement, dated as of ____________, 20 20__, as amended and restated as of ___________, 20 (the “Trust Agreement”), 2001 between the Seller and [Owner TrusteeName of owner trustee], as owner trustee (the “"Owner Trustee”"). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “"[Initial] Receivables”") and certain monies due thereunder on or after ________________, 20 20__ (the “"[Initial] Cutoff Date”"). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] Additional retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Hedge Counterparty”"Subsequent Receivables") and certain monies due thereunder on or after the Closing applicable Subsequent Cutoff Date (are intended to be purchased by the Trust from the Seller from time to time on or before the end of the Funding Period, from funds available under the Pre-Funded Amount. The [Initial] Receivables and the Subsequent Receivables are hereinafter referred to as defined below) to hedge the floating interest rate on "Receivables."] [The Notes will have the Class A-3 Notes benefit of a note insurance policy (the “Hedge "Note Insurance Policy"), issued by ________________, a __________________ organized under the laws of _____________ (the "Note Insurer").] [In connection with the issuance of the Note Insurance Policy (i) the Companies, the Trust and the Note Insurer will execute and deliver an Insurance Agreement dated as of ______________, 2001 (the "Insurance Agreement”") and (ii) the Seller, the Underwriters and the Note Insurer will execute and deliver an Indemnification Agreement dated as of ____________, 2001 (the "Indemnification Agreement").]
Appears in 1 contract
Samples: Underwriting Agreement (Long Beach Acceptance Corp)
Issuance and Sale of Notes. The Seller Sponsor has authorized the issuance and sale of $ $____________ Class A-1 A ___% Asset Backed Notes (the “Class A-1 "Notes”), $ Class A-2[-A] % Asset Backed Notes (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”"). The Notes are to be issued by AmeriCredit Automobile Long Beach Acceptance Auto Receivables Trust 20 - 20__-_ (the “"Trust”") pursuant to an Indenture, to be dated as of _____________, 20 20__ (the “"Indenture”"), between the Trust and [Trustee] (“[TrusteeName of indenture trustee]”), a banking ________________, as indenture trustee (the “"Trustee”") and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “"Certificate”") (the Notes and the Certificate, togethercollectively, the “"Securities”") pursuant to a trust agreementTrust Agreement, dated as of ____________, 20 20__, as amended and restated as of ___________, 20 (the “Trust Agreement”), 20__ between the Seller and [Owner TrusteeName of owner trustee], as owner trustee (the “"Owner Trustee”"). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “"[Initial] Receivables”") and certain monies due thereunder on or after ________________, 20 20__ (the “"[Initial] Cutoff Date”"). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] Additional retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Hedge Counterparty”"Subsequent Receivables") and certain monies due thereunder on or after the Closing applicable Subsequent Cutoff Date (are intended to be purchased by the Trust from the Seller from time to time on or before the end of the Funding Period, from funds available under the Pre-Funded Amount. The [Initial] Receivables and the Subsequent Receivables are hereinafter referred to as defined below) to hedge the floating interest rate on "Receivables."] [The Notes will have the Class A-3 Notes benefit of a note insurance policy (the “Hedge "Note Insurance Policy"), issued by ________________, a __________________ organized under the laws of _____________ (the "Note Insurer").] [In connection with the issuance of the Note Insurance Policy (i) the Companies, the Trust and the Note Insurer will execute and deliver an Insurance Agreement dated as of ______________, 20__ (the "Insurance Agreement”") and (ii) the Seller, the Underwriters and the Note Insurer will execute and deliver an Indemnification Agreement dated as of ____________, 20__ (the "Indemnification Agreement").]
Appears in 1 contract
Samples: Underwriting Agreement (Long Beach Acceptance Receivables Corp.)
Issuance and Sale of Notes. The Seller has authorized the issuance and sale of $ $138,000,000 Class A-1 0.32163% Asset Backed Notes (the “Class A-1 Notes”), $ $255,000,000 Class A-2[-A] A-2 0.84% Asset Backed Notes (the “Class A-2[-A] A-2 Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “Class A-2 Notes”),] $ $174,000,000 Class A-3 1.39% Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B A-2 Notes], the “Class A Notes”), $ $61,544,000 Class B 2.19% Asset Backed Notes (the “Class B Notes”), $ 76,393,000 Class C 2.85% Asset Backed Notes (the “Class C Notes”), $ 75,119,000 Class D 4.26% Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ 19,944,000 Class E 6.23% Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - 2011-1 (the “Trust”) pursuant to an Indenture, to be dated as of January 18, 20 2011 (the “Indenture”), between the Trust and [Trustee] Xxxxx Fargo Bank, National Association (“[Trustee]Xxxxx Fargo”), a national banking association, as indenture trustee (the “Trustee”) and as trust collateral agent (the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of January 5, 20 2011, as amended and restated as of January 18, 20 2011 (the “Trust Agreement”), between the Seller and [Owner Trustee]Wilmington Trust Company, as owner trustee (the “Owner Trustee”). The assets of the Trust will initially include a pool of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “Receivables”) and certain monies due thereunder on or after January 18, 20 2011 (the “Cutoff Date”). [The Trust will enter into an interest rate swap agreement with [Hedge Provider] (the “Hedge Counterparty”) on the Closing Date (as defined below) to hedge the floating interest rate on the Class A-3 Notes (the “Hedge Agreement”).]
Appears in 1 contract
Samples: Underwriting Agreement (AmeriCredit Automobile Receivables Trust 2011-1)
Issuance and Sale of Notes. The Seller Issuer has authorized the -------------------------- issuance and sale of $ $130,000,000 of 6.99625% Class A-1 % Asset Lease-Backed Notes Notes, Series 2000-1 (the “"Class A-1 Notes”"); $54,000,000 of 7.51% Class A-2 Lease-Backed Notes, $ Class A-2[-A] % Asset Backed Notes Series 2000-1 (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notes, the “"Class A-2 Notes”"),] $ ; $230,000,000 of Class A-3 % Asset Lease-Backed Notes Notes, Series 2000-1 (the “"Class A-3 Notes” "); and $84,510,000 of Class A-4 Lease-Backed Notes, Series 2000-1 (the "Class A-4 Notes"; together with the Class A-1 Notes, the Class A-2[-A] Notes [A-2 Notes, and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A A-3 Notes, the Class B "Notes"). The Notes and the Class C Noteswill be issued pursuant to an Indenture, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes dated as of June 1, 2000 (the “Class E Notes”; "Indenture"), among the Issuer, IOS Capital, as Servicer, and together with Bank One, N.A. (the Publicly Offered Notes, the “Notes”"Trustee"). The Notes are to be issued by AmeriCredit Automobile Receivables Trust 20 - more fully described in the Final Prospectus (the “Trust”) pursuant to an Indenture, to be dated as of , 20 (the “Indenture”), between the Trust and [Trustee] (“[Trustee]”defined below), a banking , as indenture trustee (copy of which the “Trustee”) and as trust collateral agent (Issuer is furnishing to you. The Notes will evidence secured debt obligations of the “Trust Collateral Agent”). In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “Certificate”) (the Notes and the Certificate, together, the “Securities”) pursuant to a trust agreement, dated as of , 20 , as amended and restated as of , 20 (the “Trust Agreement”), between the Seller and [Owner Trustee], as owner trustee (the “Owner Trustee”)Issuer. The assets of the Trust Issuer will initially include a pool of retail installment sale contracts secured by new or used automobilesprimarily office equipment lease contracts, light duty trucks and vans including certain payments due thereunder (the “Receivables”) "Leases"), and certain monies due thereunder on or after , 20 the Issuer's interest in the underlying equipment (the “Cutoff Date”"Equipment"). [The Trust Notes will enter into an interest rate swap agreement with [Hedge Provider] be entitled to the benefits of a financial guaranty insurance policy (the “Hedge Counterparty”"Policy") on issued by Ambac Assurance Corporation ("Ambac") in accordance with the Closing Date (as defined below) to hedge terms of an Insurance and Indemnity Agreement among Ambac, the floating interest rate on Issuer, the Class A-3 Notes Seller, IOS Capital and the Trustee (the “Hedge "Insurance Agreement”").]. Capitalized terms used and not defined herein shall have the meanings specified in the Indenture. The Notes will be sold by the Issuer to the Underwriters in the amounts set forth on Schedule A hereto. The terms which follow, when used in this Underwriting Agreement (this "Agreement"), shall have the meanings indicated:
Appears in 1 contract
Issuance and Sale of Notes. The Seller Sponsor has authorized -------------------------- the issuance and sale of $ $97,000,000 Class A-1 5.56% Asset Backed Notes, $200,000,000 Class A-2 Floating Rate Asset Backed Notes and $128,000,000 Class A-3 5.88% Asset Backed Notes (the “Class A-1 Notes”), $ Class A-2[-A] % Asset Backed Notes (the “Class A-2[-A] Notes”), [$ Class A-2-B Floating Rate Asset Backed Notes (the “Class A-2-B Notes” and, together with the Class A-2-A Notescollectively, the “Class A-2 "Notes”),] $ Class A-3 % Asset Backed Notes (the “Class A-3 Notes” and together with the Class A-1 Notes, the Class A-2[-A] Notes [and the Class A-2-B Notes], the “Class A Notes”), $ Class B % Asset Backed Notes (the “Class B Notes”), $ Class C % Asset Backed Notes (the “Class C Notes”), $ Class D % Asset Backed Notes (the “Class D Notes”; and together with the Class A Notes, the Class B Notes and the Class C Notes, the “Publicly Offered Notes”) and $ Class E % Asset Backed Notes (the “Class E Notes”; and together with the Publicly Offered Notes, the “Notes”"). The Notes are to be ----- issued by AmeriCredit Automobile Receivables Trust 20 - 1998-A (the “"Trust”") pursuant ----- to an Indenture, to be dated as of February 17, 20 1998 (the “"Indenture”"), --------- between the Trust and [Trustee] (“[Trustee]”)Xxxxxx Trust and Savings Bank, a national banking association, as indenture trustee (the “"Trustee”") and as trust collateral agent (the “Trust Collateral Agent”)agent. ------- In addition to the Notes, the Trust will also issue an Asset Backed Certificate representing the beneficial ownership interests in the Trust (the “"Certificate”") (the Notes and the Certificate, togethercollectively, ----------- the “"Securities”") pursuant to a trust agreementTrust Agreement, to be dated as of February 17, 20 , as amended and restated as of , 20 (the “Trust Agreement”)---------- 1998, between the Seller and [Owner Trustee]Bankers Trust (Delaware), as owner trustee (the “"Owner Trustee”"). The assets of the Trust will initially include a pool ------------- of retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the “"Initial Receivables”") and certain monies due ------------------- thereunder on or after February 17, 1998 (the "Initial Cutoff Date"). ------------------- Additional retail installment sale contracts secured by new or used automobiles, light duty trucks and vans (the "Subsequent Receivables") and certain monies due thereunder on or after the ---------------------- applicable Subsequent Cutoff Date are intended to be purchased by the Trust from the Seller from time to time on or before the end of the Funding Period, 20 from funds available under the Pre-Funded Amount. The Initial Receivables and the Subsequent Receivables are hereinafter referred to as the "Receivables." ----------- The Notes will have the benefit of a note insurance policy (the “Cutoff Date”"Note ---- Insurance Policy"), issued by Financial Security Assurance Inc., a monoline ---------------- insurance corporation organized under the laws of New York (the "Note Insurer"). [The ------------ In connection with the issuance of the Note Insurance Policy (i) the Companies, CP Funding Corp. ("CP Funding"), the Trust and the Note Insurer will enter into execute and deliver an interest rate swap agreement with [Hedge Provider] Insurance Agreement dated as of February 17, 1998 (the “Hedge Counterparty”"Insurance Agreement") on and (ii) the Closing Date (Seller, the Underwriters and the Note -------------------- Insurer will execute and deliver an Indemnification Agreement dated as defined below) to hedge the floating interest rate on the Class A-3 Notes of February 17, 1998 (the “Hedge "Indemnification Agreement”").]. -------------------------
Appears in 1 contract
Samples: Underwriting Agreement (Americredit Financial Services Inc)